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From the category archives: Politics & Policy

Politics & Policy

West Virginia Supreme Court Upholds Right to Work Legislation

September 19, 2017 by: Courtney O'Brien Right to work legislation is safe and sound in West Virginia despite a circuit court's attempt to upend it. In a vote of 3-1, the state Supreme Court of Appeals reversed a lower court's preliminary injunction. With their decision, the law stands and employers do not have to force employees to pay union fees.  The right-to-work victory was only half the fun. The cherry on top was the opinion written by Chief Justice Allen H. Loughry II. Not only was the circuit court ruling "imprudent," he said, it was "profoundly legally incorrect." The respondents have demonstrated no likelihood of success and their failure was abetted by the circuit court's use of an overruled, effectively meaningless standard for issuance of a preliminary injunction. This monumental failure of legal reasoning was compounded by extraordinary and baseless delay occasioned by the circuit court. Accordingly, I respectfully concur in the majority's reversal of the preliminary ... Read the rest of entry »

How Will the Clean Power Plan Affect Your Projects?

Building professionals know there are few complications more frustrating than finding out that a project’s fenestration fails to meet energy codes. As codes become stricter, the cost of compliance related to window, door, skylight and curtain wall failure will go up, threatening to put projects over budget and behind schedule.

A new challenge looming for building professionals is the Environmental Protection Agency’s (EPA) forthcoming Clean Power Plan (CPP). The plan mandates a carbon emissions reduction of 32 percent nationwide by 2030, with individual targets set for each state. State targets are based on “building blocks,” including the assumption that demand-side energy efficiency can improve by 1.5 percent per year for the next fifteen years. The EPA is encouraging states to tighten building energy codes in order to meet this aggressive goal.

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Bryan Hoylman: State’s prevailing wage issue defined

For many in West Virginia, the recent spat over the reform
of prevailing wage laws has created as much confusion as it has concern. Organized
labor unions came to the West Virginia Capital in droves to protest any changes
to our state’s prevailing wage laws that, they claimed, would “cut workers’
wages.” Now they are standing strongly behind the newly proposed methodology,
and are waging a public affairs offensive to ensure that taxpayers are unaware
of what this process was actually intended to do, determine a true prevailing
wage.  Read the rest of entry »

Amendment of West Virginia’s Deliberate Intent Statute Will Make it More Difficult to Sue Employers for Workplace Injuries

In most cases, employers who prescribe to workers’ compensation insurance enjoy immunity from civil lawsuits by their employees who suffer on-the-job injuries.  This immunity is a trade-off that employers enjoy in exchange for a no-fault workers’ compensation system in which injured employees are compensated even where the injury was not the fault of the employer and/or may have even been the fault of the injured employee.
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ABC Applauds Gov. Tomblin's Signing of Construction Bill to Promote Fair and Open Competition

Associated Builders and Contractors (ABC) and ABC of West Virginia (ABCWV) applauded Gov. Tomblin (D-W.V.) for signing the Establishing Fair and Open Competition in Governmental Construction Act (SB 409). The bill prohibits government entities from requiring contractors to enter into wasteful and discriminatory project labor agreements (PLAs) as a condition of performing work on publicly funded construction projects. 
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New GOP eyes repeal of longstanding prevailing wage law

When the new Republican majority takes over in the next legislative session, some lawmakers hope to roll back West Virginia’s longstanding prevailing wage law.  Read the rest of entry »

With veto override, W.Va. GOP could trump governor

CHARLESTON, W.Va. (AP) — As Republicans take control of the West Virginia Legislature for the first time in eight decades, everything they pass will head to Democratic Gov. Earl Ray Tomblin for his approval. Read the rest of entry »

WV Senate Republicans finalize leadership positions

West Virginia state Senate Republicans have moved quickly to fill leadership positions.   The November election, combined with a party flip by a Democratic Senator, have given the GOP an 18-16 majority, meaning Republicans will now control the committees. Read the rest of entry »

ABC Votes: WV Election Update

West Virginia changed history on November 4th

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Midterm Elections End in Senate Majority for GOP

After the votes were tallied on Tuesday night, the results revealed massive victories for Republicans at all levels and in every region of the country. With a handful of races still up for grabs, the GOP has wrested control of the U.S. Senate while boosting its House majority to the highest level seen since the Great Depression. At the state level, Republican governors eclipsed their 2010 high-water mark of 30 and helped to flip at least seven state legislative chambers putting them en route to full control of state governments in nearly half the country. While the GOP’s mandate is unclear, voters delivered a stinging rebuke of the president and his party, effectively rendering him a lame duck for the remaining two years of his administration. Read the rest of entry »
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