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Senate Judiciary revamps House union dues bill to prohibit all deductions of dues and fees

MORGANTOWN – The Senate Judiciary Committee Wednesday radically revamped a House bill intended to prohibit employers from withholding employee wages for political activities without express permission.

The Senate Judiciary version expressly targets public employees and forbids any deductions, permission or not.

The bill s HB 2009. As it came from the House, it said an employer may not withhold or divert any portions of an employee’s wages or salary to contribute to a candidate, committee or political activity unless the employee gives written permission on a form to be prescribed by the secretary of state.

It also said it is an unfair labor practice for any union to use shop fees paid by a non-member to contribute to influencing an election or operating a political committee “unless affirmatively authorized.”

The Senate version forbids any deductions of union, labor organization or club dues and fees from an employee’s paycheck. It exempts private employers. It concedes that nothing in the bill prohibits an employee from joining or contributing to a union, labor organization or club.

Sen. Mike Caputo, D-Marion, asked if the bill would now apply to Fairmont, where firefighters and city employees have collective bargaining agreements. Committee counsel said yes.

Sen. Mike Romano, D-Harrison, expressed concern that the new version will also affect non-political unions, such as the Fraternal Order of Police and the state trooper and firefighter unions. Counsel acknowledged the bill will also prohibit them from making payroll deductions.

Romano offered an amendment to exclude from the bill any non-political dues or fees. Caputo supported it, saying the amendment allows these employees freedom of choice.

Majority Leader Tom Takubo, R-Kanawha, opposed the amendment saying there are other means, such automatic bank withdrawals, for union members to pay their dues, and this bill will help avert union strong-arming.

But Romano received some unexpected support from Sen. Amy Grady, R-Mason, who said the current system makes the process easy for an employee to pay dues or even quit the union without any hassles.

Romano’s amendment failed in a 7-10 show of hands, and the revamped bill passed in a voice vote. It now goes to the Senate floor.

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