The American Spectator posted an article today about a recent decision by the West Virginia Supreme Court.
The article reports:
This spring, the West Virginia high court upheld the state’s right-to-work law. That part of the ruling was no surprise, as courts for over 70 years have said right-to-work laws are constitutional.
Perhaps the more significant part of the ruling, which garnered less attention, is that the court essentially said the entire country should be right-to-work.
Right-to-work simply means that a union cannot get a worker fired for not paying the union. A right-to-work law gives workers the freedom to support a union if they are doing a good job, and refrain from supporting a union if they wish.
In 2018, the U.S. Supreme Court held in Janus v. AFSCME that everything government unions do is political and that public employees have a First Amendment right to decide to support their union or not. The Janus case brought right-to-work to public employees across the country.
The article concludes:
Even West Virginia Justice Margaret Workman, who was critical of right-to-work, agreed in part and disagreed in part with the decision, writing, “I also believe that although Janus was a decision involving only public employees’ unions, you don’t need a weatherman to know which way the wind blows; there is no principled basis on which to conclude that under the legal analysis upon which Janus is based, a prohibition on the collection of agency fees is constitutional for public employees’ unions but unconstitutional for private employees’ unions.”
Currently, 23 states can force private sector employees to pay unions. Similarly, airline and railroad employees, who are governed by a separate federal law, are also forced to support unions whether they want to or not.
If the U.S. Supreme Court does eventually decide the question with the same reasoning as the West Virginia Supreme Court, then all employees, public and private, will have the right to choose whether or not the union at their workplace is doing a good job and if they want to support it.
After all, freedom is blowing in the wind.
If a union is necessary in a company, the employees will support it. If it is not, the employees will not support it. That is called freedom.