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A national union representing locomotive engineers is asking the state Supreme Court to overturn a Kanawha Circuit Court judge's contention that state lawmakers cannot be fired from their private jobs because they take time off to attend sessions of the WV legislature.
Lawyers for the Brotherhood of Locomotive Engineers and Trainmen argue the union in 2002 rightfully fired state Del. L. Brent Boggs, D-Braxton-Gilmer from his job as a congressional lobbyist in Washington.
He was sent back to his job as a locomotive engineer for CSX, cutting his salary $20,000 a year.
"He now either travels the rails or works in the rail yard, as opposed to working in the halls of Congress," Boggs' lawyers argue, saying Boggs has lost prestige with his own union, the House of Delegates and other labor unions because of his firing.
Boggs sued the union in Kanawha Circuit Court on May 3, 2003, based on a state law that protects him from being fired for missing work to serve in the state's 34th Delegate District.
Boggs is running unopposed in November.
Boggs became a lobbyist in 1997 during his first term in the legislature.
The union contends Boggs was an "at will" employee whose legislative responsibilities eventually affected his job performance.
The union says using state law to protect legislators' private jobs violates various constitutional rights.
The union says it should have the right to remove any employee who can't fulfill his duties.
Union lawyers contend Boggs took both paid and unpaid leave to attend legislature sessions. State law permits him to take only unpaid leave.
The union contends that legislators are not specified as being protected under the law that restricts intimidation of and retaliation against public officials for performing official duties.
Union lawyers believe that state law protects legislators' private jobs when it has to do with preserving their seniority, pension and insurance benefits when they miss work during sessions.
The union says Boggs' benefits were intact when he returned to his job as a locomotive engineer.
Kanawha Circuit Judge James Stucky answered a series of questions on these issues in Boggs' favor after the parties met for a round of mediation on March 17.
Stucky then granted a motion to send the questions on to the state Supreme Court for final approval.
Justices are considering whether to consider the union's appeal this week.
Raymond Holmes, the union's national legislative representative in the Washington office, fired the delegate by letter in May, 2002.
The letter said "It is now evident that your duties and responsibilities in the West Virginia Legislature do not allow you enough time to be a full-time BLE (union) employee."
The union later argued that Boggs also disobeyed a directive from Holmes and attended certain political functions.
Boggs says he represented the union at the fundraiser.
Prior to Boggs' termination from his lobbyist job, the union's political action committee made two $500 contributions to his campaign on April 11, 2002, and January 14, 2002.
The union did not contribute to Boggs' campaign this year.
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