Labor law in WV

There is a lot of disinformation out there about labor laws in West Virginia and at WVU more specifically. Here are some common misconceptions.

Myth: it is ‘illegal’ for WVU faculty to unionize.

Fact: all employees have the right to support, form and/or advocate a union at their workplace, under Section 7 of the National Labor Relations Act. It is illegal for management to discriminate against or discharge an employee because of their union involvement. 

Myth: collective bargaining for WVU employees is ‘illegal’ under WV law.

Fact: illegal is not even a category that can be applied to an act of bargaining. West Virginia labor law entails that the university does not need to recognize our union and is not compelled to enter into collective bargaining with us. We don’t anticipate pursuing this option any time soon, barring a fundamental change in WV law. But there is no sense in which union activity or negotiation is illegal, or can be punished by an employer or the state.