Swiger v. Civil Service Commissioner

From the majority’s holding that denial of union representation at a pretermination hearing does not violate a public employee’s rights of expression and association, I respectfully dissent.

In Woodruff v. Board of Trustees of Cabell Huntington Hospital, 173 W.Va. 604, 319 S.E.2d 372, 379 (1984), this Court recognized that public employees possess certain fundamental rights, including rights of expression, assembly, association, and petition, under both the state and federal constitutions.

In the instant case, rights of expression, association, and petition were unquestionably implicated. The…