Posts tagged West Virginia
Organized Labor’s Violent Privilege: The Supreme Court Loophole Shielding Union Officials from Prosecution
May 27, 2026 // Under federal precedent, they can often destroy property, assault workers, threaten communities, and even commit murder with reduced risk of serious prosecution — as long as the acts advance “legitimate union objectives” such as higher wages or work rules. This extraordinary immunity stems primarily from the U.S. Supreme Court’s 1973 ruling in United States v. Emmons, which gutted key provisions of the Hobbs Act. Combined with practical limitations in the Racketeer Influenced and Corrupt Organizations Act (RICO), it has created a regime where violence during labor disputes is frequently treated differently under the law. The Emmons Decision: A Judicial Loophole In United States v. Emmons, 410 U.S. 396 (1973), three IBEW members were indicted for firing high-powered rifles at utility transformers, draining oil from equipment, and blowing up a substation during a strike. The Supreme Court held that such violence did not constitute “wrongful” extortion under the Hobbs Act (18 U.S.C. § 1951) because the union had a “claim of right” to pursue legitimate bargaining goals.
OP ED: The FCLA is a Bad Deal for Both Workers and Employers
May 4, 2026 // This bill presumes that employers are acting in bad faith, but the National Labor Relations Board already has the authority to prosecute employers who genuinely refuse to bargain. This legislation goes far beyond existing law and creates an entirely new and unnecessary federal apparatus. For an employer who shows up to negotiate in good faith, that presumption is both unfair and costly. West Virginia is a right-to-work state — one that believes government should stay out of private-sector negotiations. The FLCA moves us in exactly the opposite direction.
Commentary: Unions make slight gains in South, mirroring national trends
April 29, 2026 // Southern states continue to lag significantly behind the rest of the country in union membership. Close to 4.9 percent of workers in the South belong to a union, and 5.9 percent of workers are employed in a workplace that enjoys union representation. That compares to 12.7 percent union density in the rest of the country, and 14 percent of non-Southern workers having union representation at their workplace. Labor’s modest gains come amidst a wide-ranging assault on worker protections under the Trump administration. Since coming into office, Trump has sought to strip collective bargaining rights for more than 1 million federal workers and eviscerated worker health and safety protections.
How a $15 minimum wage will regionally affect a diverse and unequal Virginia
April 28, 2026 // The age-old economic debate over minimum wage has been a sticking point between Republicans and Democrats in the Old Dominion, as Youngkin called the $15 minimum wage proposal a "one-size-fits-all mandate" that "ignores the vast economic and geographic differences," in his veto memo last year. "Implementing an arbitrary $15-per-hour wage mandate may not impact Northern Virginia, where economic conditions lead to historically higher wages, but this approach is detrimental for small businesses across the rest of Virginia, especially in Southwest and Southside," Youngkin wrote.
A giant barrier to being self-employed is falling, state by state
April 13, 2026 // As more states pass permanent reforms, millions of independent contractors could gain access to benefits they’ve never enjoyed. But states aren’t the only ones that can act. Congress could also amend federal law so that companies may offer benefits without facing liability. Sen. Bill Cassidy (R-Louisiana) and Rep. Kevin Kiley (I-California) have introduced bills to that effect in their respective chambers. They deserve the support of the full Congress and the White House in giving millions more workers long-term financial security along with the flexibility that self-employment provides. The portable benefits revolution can’t sweep the nation fast enough.
States Lead the Way on Portable Benefits and Flexible Work
March 24, 2026 // The momentum behind portable benefits reflects the strength of a growing network of organizations and leaders committed to modernizing workforce policy. Americans for Prosperity has worked in conjunction with a diverse range of state and national organizations including the Mercatus Center, Libertas Institute, Institute for the American Worker, Independent Women, R Street Institute, and more from state to state. With research, data, examples of those who would benefit, and a dose of optimism, the educational outreach to highlight how beneficial these reforms are to American families has created a surge of interest among state lawmakers who increasingly understand this golden opportunity to help their residents thrive in today’s economy including shifts due to the rise of AI and other technology.
The Rise of Portable Benefits
March 19, 2026 // States like Alabama, Tennessee, Utah, West Virginia, and Wyoming have already enacted voluntary portable benefits frameworks. Others—including Pennsylvania, Maryland, and Georgia—have launched pilot programs. And a growing number of states—from Connecticut to Kansas to Hawaii—are actively considering legislation.
Opinion: Teachers Unions Get Desperate
February 17, 2026 // Antichoice plaintiffs “usually file lawsuits right before families sign up for the program just to be particularly cruel. They know they’ll lose nearly every case, but delaying or enjoining the programs in any way is the last-ditch effort to slow maximum uptake for families,” says Tommy Schultz, CEO of the American Federation for Children. Many suits are striking out. Idaho’s high court just ruled 5-0 in favor of the state choice program. Top courts in Arizona, Florida, North Carolina and West Virginia have upheld choice programs. The U.S. Supreme Court has continued to issue beneficial rulings. Yet the legal threat is real, and unions, often accompanied by local school districts, continue to throw millions at litigation and disruption, forcing states to spend huge amounts to defend against them. Then the unions and the districts claim schools are underfunded.
West Virginia Mine Wars Museum staff unionize through UMWA
January 11, 2026 //
WV Quarry Workers Win Freedom from Unwanted Boilermakers Union
December 9, 2025 // The NLRB’s decision comes after IBB bosses “disclaimed interest” in the work unit, which followed a majority of workers signing a petition last month, asking the NLRB to hold a secret ballot election to “decertify” IBB union bosses as the workers exclusive representative. That petition was filed by quarry employee Curtis Mills with free legal representation from National Right to Work Legal Defense Foundation staff attorneys.