A preliminary injunction Wednesday blocking enforcement of the West Virginia's new right-to-work law drew exuberance or disappointment from those with differing views on the legislation - but agreement from both sides that the issue will ultimately end up before the state Supreme Court.
"We're still walking on air," West Virginia AFL-CIO Secretary-Treasurer Josh Sword said Thursday of Kanawha Circuit Judge Jennifer Bailey's order, which blocks implementation of the law until a full court hearing can address legal issues raised by the AFL-CIO and a number of other state labor unions.
"Obviously, we're pleased, and we look forward to the next hearing before Judge Bailey, and very much look forward to having our day in court before the state Supreme Court," Sword said.
Senate President Bill Cole, R-Mercer, lead sponsor of the bill in the 2016 regular session, issued a statement Thursday expressing disappointment with the injunction, but saying he looks forward to resolving the issue before the Supreme Court.
"It's disappointing that the court has taken the extraordinary step of enjoining a duly enacted law that is consistent with those of 25 other 'workplace freedom' states," said Cole, the Republican nominee for governor. "However, we are confident that the Supreme Court of Appeals will find this law to be legally sound, and this injunction will only temporarily delay providing all West Virginians the freedom of choice in the workplace."
The bill passed the Senate on a party-line 17-16 vote, and passed the House of Delegates on a 54-36 vote, with 10 Republicans joining all 36 House Democrats in opposition.
During more than 2½ hours of hearings Wednesday, attorneys for the labor unions argued that the law - which allows employees in union shops to opt out of paying union dues - represents an unlawful taking of the unions' and union members' property, since federal labor law requires unions to represent all employees covered by collective bargaining agreements.
Under right-to-work, that would require unions to absorb the costs of negotiating contracts and providing representation in employee grievance and disciplinary hearings for non-dues-paying employees, often called "free-riders."
Lawyers also raised issues with ambiguity in the legislation, including a section that could be interpreted to exempt building and construction trades unions from right-to-work.
In issuing the injunction, Bailey said it was important to stay enforcement of the law while those issues are resolved, since unions and union members could otherwise face irreparable harm of criminal charges and civil penalties.
Bailey said she could see no harm to the state by delaying enforcement of the law for a short time.
Steve Roberts, president of the West Virginia Chamber of Commerce, said in a news release Thursday that his group was "attempting to understand Judge Bailey's decision, which we believe is contrary to the clear intent of the West Virginia Legislature to put West Virginia in the majority of states that have enacted right-to-work legislation.
"The language used in West Virginia's law is almost identical to the language that has been used - and upheld - in the majority of states that have right-to-work laws," Roberts said in the release.
Sword said Thursday that lawyers and union representatives struggled to narrow grounds for the motion for an injunction. He said lawyers also raised issues with the definition section of the bill, which seems to limit it to public employee unions, as well as issues with two different versions of the bill listed as the enrolled - final version - of the bill.
"We didn't get into all the other things that are wrong with the darn thing," he said.
State Business and Industry Council President Chris Hamilton, whose organization strongly advocated for the legislation, could not be reached for comment Thursday.
Reach Phil Kabler at philk@wvgazettemail.com, 304 348-1220 or follow @PhilKabler on Twitter.