Vote Smart's Synopsis:

Vote to pass a bill that prohibits work stoppages and strikes by public employees.

Highlights:

• Alleges public employees in West Virginia have no right, statutory or otherwise, to engage in collective bargaining, mediation, or arbitration, and any work stoppage or strike by public employees is hereby declared to be unlawful (Sec. §18-5-45a.2).

• Specifies an employee of a county board of education is considered to be participating in a concerted work stoppage or strike if, on any day during a concerted stoppage of work or interruption of operations by the employees of the county board of education (Sec. §18-5-45a.4.b):

• The employee does not report to work as required by his or her contract of employment;

• The employee is not on leave, as specifically permitted by any provision of this code, provided, that nothing in this section permits an employee to use personal leave in connection with a work stoppage or strike; and

• The employee is not otherwise prevented from reporting to work based on circumstances beyond the employee’s control, that are unrelated to the employee’s participation in the ongoing concerted work stoppage or strike, as determined by the county superintendent.

• Alleges it is the intent of the legislature to provide for equivalent instructional time and the use of alternative methods to deliver instruction on days when schools are closed to (Sec. §18-5-45a.4):

• Provide flexibility for collaborative time and other methods of improving instruction; and

• Lessen the disruption of the planned school calendar if rescheduling and adding instructional days became necessary to make up lost days due to closures when conditions are detrimental to the health, safety, or welfare of pupils.

• Prohibits the state Board of Education from granting a waiver to a county Board of Education for its non-compliance with the 200-day minimum employment term or the 180-day minimum instructional term requirements if such non-compliance is the result of a concerted work stoppage or strike (Sec. §18-5-45a.3.c).

• Specifies if an originally scheduled instructional day or non-instructional day is canceled due to a concerted work stoppage or strike by the employees assigned to a school, the school for which the day was canceled may not participate in any extracurricular activities during any part of that same day (Sec. §18-5-45a.3.e).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits work stoppages and strikes by public employees.

Highlights:

• Alleges public employees in West Virginia have no right, statutory or otherwise, to engage in collective bargaining, mediation, or arbitration, and any work stoppage or strike by public employees is hereby declared to be unlawful (Sec. §18-5-45a.2).

• Specifies an employee of a county board of education is considered to be participating in a concerted work stoppage or strike if, on any day during a concerted stoppage of work or interruption of operations by the employees of the county board of education (Sec. §18-5-45a.4.b):

• The employee does not report to work as required by his or her contract of employment;

• The employee is not on leave, as specifically permitted by any provision of this code, provided, that nothing in this section permits an employee to use personal leave in connection with a work stoppage or strike; and

• The employee is not otherwise prevented from reporting to work based on circumstances beyond the employee’s control, that are unrelated to the employee’s participation in the ongoing concerted work stoppage or strike, as determined by the county superintendent.

• Alleges it is the intent of the legislature to provide for equivalent instructional time and the use of alternative methods to deliver instruction on days when schools are closed to (Sec. §18-5-45a.4):

• Provide flexibility for collaborative time and other methods of improving instruction; and

• Lessen the disruption of the planned school calendar if rescheduling and adding instructional days became necessary to make up lost days due to closures when conditions are detrimental to the health, safety, or welfare of pupils.

• Prohibits the state Board of Education from granting a waiver to a county Board of Education for its non-compliance with the 200-day minimum employment term or the 180-day minimum instructional term requirements if such non-compliance is the result of a concerted work stoppage or strike (Sec. §18-5-45a.3.c).

• Specifies if an originally scheduled instructional day or non-instructional day is canceled due to a concerted work stoppage or strike by the employees assigned to a school, the school for which the day was canceled may not participate in any extracurricular activities during any part of that same day (Sec. §18-5-45a.3.e).

Full Bill Text