Union Leaders Voice Opposition To PEIA Bill

Union representatives say Senate Bill 268 would benefit the richest and hurt the poorest.

The Senate’s Public Employees Insurance Agency (PEIA) bill is now in the hands of the House of Delegates. Proposed health insurance premium increases and coverage reductions to shore up the financially challenged program have many up in arms. Bill defenders say proposed pay raises and tax cuts will even things out.  

Union leaders representing many of the state’s 230,000 participants in the program held a press conference just outside the House chamber Friday morning. This comes after the House Finance Committee advanced the bill to the House floor Thursday night.  

Union representatives say Senate Bill 268 would benefit the richest and hurt the poorest by triggering a 26 percent premium increase, penalizing public employees that are married, potentially leading to the exclusion of first responders from PEIA and creating uncertainty for retirees. 

West Virginia AFL-CIO President Josh Sword led the union charge.  

“The plan is designed in their mind to address the solvency of PEIA by reducing benefits on the plan participants and kicking people off the plan,” Sword said. “As opposed to finding and directing a dedicated revenue stream. That’s our number one goal.” 

In countering the union’s claim, House Finance Committee member Del. John Paul Hott, R-Grant, said state actuarial data shows a $2,300 raise coupled with personal income and vehicle tax cuts will even things out – and help counter an expected $400 million PEIA shortfall coming in the next few years.  

“If we don’t address the issue, it will be insolvent probably within the next three to five years,” Hott said. “Some of the pros would be that accompanying that bill is a raise for the public employees with an attempt to offset the average increase in premium and hopefully be some type of a net positive.”

House Finance Committee member Del. Larry Rowe, D-Kanawha, called the current PEIA proposal unfair with advantages going to those with higher incomes. Rowe explained an amendment he was planning to propose to help fund PEIA.

“What we need to do is to refund the rainy day fund that we’ve had for a number of years,” Rowe said. “I’ll have an amendment to do that on the floor, but $100 million, and that would eliminate these huge increases.”

Sword was asked where the shore-up money should come from if not PEIA members. He said premium increases were expected sooner or later, but not this large lump sum and talked of tapping the state’s billion dollar plus surplus. 

“I think the surplus is a good place to start. We’re swimming in money down here and there is no excuse,” Sword said. “We can make it right. Get all the stakeholders in the room and have some honest dialogue. If we can get them to that point, we could come up with a solution that we can all buy in on.” 

On Friday, the House moved SB 268 to third reading with the right to amend. Several amendments are expected. The House will reconvene Saturday morning at 9 a.m.

Biscuit World Union Effort Rooted In W.Va. History

While making biscuits and meatloaf at a fast-food restaurant during the coronavirus pandemic, 64-year-old Cynthia Nicholson often thinks back to her husband’s coal mining days in West Virginia.

In that job and in his time as a pipefitter, she said, the work was grueling and sometimes dangerous — but there were standards for safety, working conditions and wages, and people felt they were treated fairly. She said that was because he belonged to unions.

At Tudor’s Biscuit World in Elkview, a franchise of a regional chain that serves comfort food, Nicholson says workers have no such protection. With the coronavirus surging, she doesn’t feel safe.

So, a few months ago she did the only thing that makes sense to her: She reached out to her late husband’s union friends and asked for help. On Tuesday, after months of organizing, National Labor Relations Board officials will count votes cast by some of the franchise’s roughly two dozen workers to find out if it will become the first unionized fast-food restaurant in the state.

The push for a union in this mountain town of fewer than 2,000 people echoes a larger national movement of organizing among retail and food service workers. In a business where workers have routinely been asked to stay on the job and interact with the public during the pandemic, they hope forming a union will give them more say in how they are treated.

The effort also resonates deeply in a state with a storied history of labor activism, coming 100 years after the largest worker uprising in U.S. history erupted in West Virginia coal country.

“We’re tired of being treated as badly as we’re being treated,” Nicholson said. “The workers are treated with no dignity, no respect, like they’re just a number.”

The vice president of Tudor’s Biscuit World did not respond to a voicemail or text message from The Associated Press, and no one from the chain’s corporate offices responded to phone calls.

Relatively unknown outside the region, Tudor’s Biscuit World is a staple of West Virginia: a must-stop eatery where diners can get made-from-scratch biscuits doused in gravy; country-fried steak and sandwiches including the Miner or the Mountaineer. Founded in Charleston in 1980, the chain now has more than 70 locations, mostly in West Virginia and in parts of neighboring states Ohio and Kentucky.

In one sense, the Elkview franchise, surrounded by hills and parked next to a Dairy Queen, is far removed from the West Virginia coal mines where men and women once stood in the vanguard of the American labor movement. In another, the connection is visceral.

Workers here feel connected to the state’s labor history in their bones, bonded by blood to men and women who saw the value of organizing for safer conditions and better pay in their own lives. Unions have been weakened considerably over the years, but many West Virginians remember a father, a husband or some other relative who once held a union job, and they witnessed the power of banding together.

Employees in the state have often gravitated toward unionization when concerns about job safety are heightened, notes West Virginia University historian William Hal Gorby.

“Workers across sectors are saying, ‘We are living through a moment in time where it’s making you wonder: Do you want to do this particular job because you could get sick and or die from it?’” he said. “In the early 20th century, it was the coal mine and lack of regulations and now it’s COVID.”

A century ago, concerns over safety and quality of life drew workers to Blair Mountain, where armed miners were subdued by government officials and at least 16 men died. It was a setback for the labor movement at the time, but union membership in the state reached a peak in the decades following the battle. In the 1940s and 1950s, roughly half of West Virginia workers were employed in heavy industries such as coal, steel and glass, and the majority of those workers belonged to a union.

By 2021, however, only 10.5% of West Virginia workers were represented by unions, according to U.S. Department of Labor statistics released last week.

Nicholson is a retired dental assistant who lives in Elkview. She started working at Tudor’s about a year ago, earning $9 an hour as a prep cook for extra income after her husband died of cancer.

She saw things that worried her immediately. After an employee tested positive for COVID-19, the restaurant’s employees were never informed, she said. When one of her coworkers questioned the store’s COVID policy, Nicholson said, she started getting her hours cut. Employees often had to work past their scheduled hours to cover shifts and then were reprimanded for working overtime, she said.

Nicholson also alleges that she and other employees were shorted on their paychecks and charged hundreds of dollars for meals at work they never ate.

“The belittling that goes on astonished me,” she said, adding that in her previous job as a dental assistant, “You weren’t allowed to act like that.”

Nicholson reached out to one of the unions her husband had belonged to: the Plumbers & Pipefitters Local 625, based in the capital of Charleston. Union officials there connected her with the United Food & Commercial Workers Local 400, which represents 35,000 workers across six states and Washington, D.C.

When a majority of the workers at Tudor’s Elkview franchise signed authorization cards, Nicholson said, there was a lot of excitement. They hosted rallies where people held signs saying, “We love union biscuits.”

But soon the temperature changed. Employees started worrying that they could lose their jobs or have their hours cut. Nicholson said she was written up for small things, something that hadn’t happened before.

Former Tudor’s head cashier Jennifer Patton, 38, said she was afraid of joining a union at first, but felt more comfortable after talking to her father-in-law, who was a union man.

She signed on after she found out that an employee she had been riding with to another Tudor’s location had tested positive for COVID-19 and she hadn’t been told.

Her decision had consequences: In the months that followed, she said, she was suspended multiple times even though she had never been disciplined previously and had even been promoted. Her bosses then took away her security clearance to work cashiers. Last week, she was fired.

Patton’s son just started his first year of college. She said paying for her son’s education is important to her.

“Me and my husband work every day, as many hours as we possibly can, and we still struggle,” she said. “Nobody deserves to be talked to and treated the way we are.”

Tudor’s employee Susie Thompson, 67, agrees.

“I wouldn’t be doing this job at my age unless I had to,” said Thompson, whose ex-husband belonged to a union as a strip miner. “It’s hard. Morale is so low.”

Nicholson hopes enough workers feel the connection to the state’s past to tip the balance in favor of a collective bargaining unit now.

“Unions protected our family members, so many workers in this state’s history,” she said. “We need that protection at Tudor’s.”

Teacher Unions: ‘We’re Under Attack’ From Legislature

Leaders from several of West Virginia’s largest teacher unions had sharp criticism for bills under consideration in the state legislature. They voiced their concerns to the state Board of Education on Wednesday.

“Our educators have worked harder in this pandemic year than anyone could have ever asked,” said Dale Lee, president of the West Virginia Educators Association and a special education teacher at Princeton High School. “They’ve worked harder and reached out to more children than anybody could have imagined. Our educators are heroes and they’re being treated with such disrespect. It’s shameful.”

The legislature passed legislation last week to expand charter schools. It is considering bills that would create publicly funded education savings accounts as well as a constitutional amendment to give lawmakers additional oversight on the state Board of Education.

“Folks, we’re under attack,” Lee said.

He called public education the “last equalizer” in society and questioned the decisions of state legislators this session.

The union leaders said they have gotten some positive feedback from teachers regarding the return to five-day a week, in-person instruction, a decision made by the state Board of Education last month.

David Gladkosky, president of the West Virginia Professional Educators, said the organization has heard from members who are happy to be back in the classroom with some lingering issues regarding mask wearing compliance and absentee students in middle schools.

While the return to the classroom has gone well, Gladkosky and other union leaders said teachers fear the financial repercussions of bills in the legislature, specifically a proposal to invest public funds into education savings accounts.

The bill known as the “Hope Scholarship Program” is currently under consideration by the Senate after passing the lower chamber and would create $4,600 vouchers per student for private and homeschool students. Republican advocates for the bill have said it will increase opportunities for students who would not otherwise be able to afford private school or homeschool.

“It gives hope maybe to some, but not to necessarily those who desperately need some hope,” said Fred Albert, president of the West Virginia chapter of the American Federation of Teachers. “We get hope every day in public education. I get a little bit tired of hearing, ‘Parents need choice.’ They’ve always had choice.”

Albert said parents currently have the option to homeschool or enroll their students in private schools.

“I just hate to see our public education suffer any additional pandemic or financial erosion, because we can’t afford that,” he said.

An analysis from the West Virginia Center on Budget and Policy last month estimated $119 million in public education funding could be reduced by a slew of legislative proposals under consideration.

The center estimated the cost of the ESA program at a minimum of $24 million and higher costs possible depending on the number of applicants. Changes to the natural gas and business manufacturing taxes could also take millions of dollars from schools, according to the center.

Albert said on Wednesday that the pandemic has forced teachers to work harder than ever before and the recent actions of the legislature have created additional pressure.

“I can tell you that our school teachers and employees feel under attack and they’re wondering why,” he said.

Bill Clarifying Right-to-Work Law Passes in House

A bill that sparked some debate in the Senate has made its way to the House of Delegates. It would make changes to the West Virginia Workplace Freedom Act, or the state’s right-to-work law.

The debate over whether West Virginia should be the 26th Right-to-Work state began during last year’s Legislative session.

Right-to-work laws make it illegal to require a worker in a union shop to pay union dues and fees if he or she is not a member.

Union’s argue that worker, however, is still benefiting from the contract negotiations the union pays for, without contributing to the cost.

Last year’s right-to-work bill brought on heated debates in both chambers, but ultimately passed. The legislation was vetoed by then-Governor Earl Ray Tomblin, but both the House and Senate overrode the veto and the bill became law.

Right-to-Work was challenged in court by the West Virginia AFL-CIO, the state’s largest workers’ union.  Last month, a Kanawha County Judge deemed the right-to-work bill unconstitutional and the decision could end up in the state’s Supreme Court.

Senate Bill 330, which was on third reading in the House Thursday, seeks to clean up the language the judge saw as unconstitutional.

Delegate Scott Brewer, a Democrat from Mason County and a former construction worker, spoke in opposition to the bill.

“Why does this body want to jeopardize the ability of our industry partners, private business, to shake hands with private organizations and enter into an agreement that provides everything we need for these industries? Senate Bill 330 simply requires unions and labor organizations to spend their resources on people that won’t pay. That’s what this is about; spend your resources on people that will not pay,” Brewer explained.

Brewer was the only member of the body to speak to the bill, however the vote was close. It passed 52 to 48 and now heads back to the Senate.

Members of the House quickly approved 12 additional bills during their floor session on Thursday. One of those was House Bill 2522. It would enter West Virginia into an agreement with other states to allow nurses to practice across state lines without having to get multiple licenses. The compact includes both registered nurses and licensed practical nurses.

Delegate Jordan Hill, a Republican from Nicholas County, works in the Human Resources department for his local hospital, and he spoke in favor of the bill.

“I often find myself hiring numerous travel nurses at our local hospital monthly to fill vacancies that we cannot fill with West Virginia nurses, because of our shortage in the Mountain State,” Hill explained, “The current system of duplicative licensure and nurses practicing in multiple states is cumbersome and redundant for both nurses and states. We have an opportunity right now to step up to the plate and improve rural West Virginia and across the state.”

In the House’s Judiciary Committee, representatives of licensed practical nurses expressed concerns over the nurse licensure compact, arguing it wouldn’t resolve the state’s nursing shortage but allow LPNs from out-of-state to take jobs from West Virginians.

Despite concerns House Bill 2522 passed out of the chamber on a unanimous vote.

In Right-to-Work Fight, Unions Spend $1.4 Million; Business, $375,000

While Republican West Virginia legislative leaders rammed a right-to-work bill into law this year, unions and business groups spent almost $1.8 million altogether battling over the policy.

Grassroots campaign reports say union groups spent $1.4 million in a failed bid to kill right-to-work. Pro-business groups spent about $374,500 to support the GOP on the policy abhorred by unions and Democrats. The fight was waged in TV ads and other media.

This winter, lawmakers approved the bill largely on party lines and Democratic Gov. Earl Ray Tomblin vetoed it. Then, needing only a simple majority, the GOP overrode Tomblin’s veto and made right-to-work the law.

The law says collective bargaining agreements struck July 1 or later can’t require workers to pay union dues as a condition of employment.

Right-to-Work: Right or Wrong for West Virginia?

On the first day of the 2016 legislative session, hundreds of union workers packed the upper rotunda to make their position clear to legislators they think the controversial Right-to-Work bill is wrong for West Virginia.

Officially known as the West Virginia Workplace Freedom Act, this bill would mean any new employment contract or contract that is modified, renewed, or extended as of July 1, 2016, could not require an employee to become or remain a member of a labor union, require the payment of union dues, or require the payment of those dues to a third party.

The act also nullifies existing agreements that contain these types of employee requirements.

Currently, the country is just as a divided on the issue of Right-to-Work as West Virginia. Twenty-five states have these laws while 25 do not. Opponents such as Kenny Perdue, president of the West Virginia AFL-CIO, said they have seen the effects on unions in other states, and worry what will happen if West Virginia becomes the 26th state to pass the legislation.

“Right-to-Work has one principle that’s why it was created in the 1900s, to eliminate the power of the union workforce,” Perdue said.

Currently, non-union workers in union work places still pay a certain fee to the union for their representation in contract negotiations. If West Virginia became a Right-to-Work state, the unions would no longer be able to collect those fees.

Dave Martin, president of Local 5668 Steelworker in Ravenswood, along with many other union members, said Right-to-Work simply gives non-union workers the license to be free riders, to benefit from the collective bargaining of a union without being a member or paying for it.

“If a person were to drop out of a union we would still be legally required to represent them even though they pay us no dues,” Martin said. “If you could opt out of paying taxes but still get all the same benefits from all the government functions, why wouldn’t you too?”

Supporters of Right-to-Work, such as Bryan Hoylman, president of the Associated Builder and Contractors of West Virginia, see these effects in a much different light.

“This law does one very important thing: it prohibits organizations in the state of West Virginia, unions or otherwise, from requiring its members or employees from having to pay dues, fees or assessments as a condition of employment,” Hoylman said. “Basically, what that means  if you belong to an organized labor union and are not happy with their services you cannot pull yourself out of a union and stop paying the dues or you could lose your job. Our position is one that is very much in favor of this law because it provides workers freedom to make decisions for themselves.”

Union workers argue the impact of weighing individual worker freedoms over the protection of the group, such as Tara Turley, an electrician and member of Electrical Workers 466.

“I worked for a large corporation for half my life. They let me go after 13 years and I had to start over,” Turley said. “When I started over, I chose something that I thought no one could take away from me, which was a trade. I put on my boots every day and go out in cold weather. I don’t get paid days off or any of that. I work real hard and I started over trying to do that, to take care of my girls. I have two daughters.”

Like Turley, Matt Harper with the Laborers Local 1353 also worries about his wages being affected by the bill. Harper is working on the renovations of Building 3 on the Capitol complex in Charleston.

“I love my job I love what I do,” Harper said. “The people I work with, the company I work for. You don’t know what job you’re going to be on day-to-day. It’s versatile. That’s what I like about it. I wouldn’t want to do nothing else but what I do. Right-to-Work is wrong for the state of West Virginia because it does nothing but hurt the working person. It’s not going to bring no other jobs here, nothing of any significant value to this state.

Harper said he worries a Right-to-Work bill would not only decrease wages but also make the work environment less safe, as non-union workers would not be as well trained.

Supporters say there is significant value to Right-to-Work in West Virginia: that it is the first piece in a larger puzzle to build a better economic climate. Hoylman says while Right-to-Work is not a silver bullet, it is an important initial step in attracting new industry.

“When you have a situation where businesses are looking for new places to expand, they won’t go if you don’t check that box about Right-to-Work, then they’ll get into those other things,” Hoylman said. “If you get all of those things and you get them into a place where there is positive then we can really spur some growth. You can’t just do one thing.”

There have been studies that show it is unclear what the true impact of Right-to-Work is for West Virginia. Studies across the country have shown both positive and negative effects to implementing Right-to-Work laws.

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