Kayetta Meadows, on behalf of the professional employees of the West Virginia Education Association, et al. v. Honorable John Hey, Judge of the Circuit Court of Kanawha County, et al., No. 19576 (W. Va. November 9, 1990) (Brotherton, J.): 184 W.Va. 75, 399 S.E.2d 657:
Overturning the award of a statewide injunction directing striking teachers to return to work, the Court held that although a circuit court has jurisdiction to grant injunctive relief, under W. Va. Code § 53-5-4, in aid of a "judgment or proceeding" in another circuit, a circuit court of one county is without jurisdiction, under W. Va. Code § 53-5-3, to enjoin an "act" of citizens occurring in other counties, except where the judge of the other county is interested in the matter and is unable to act.
Richard L. Trumka, Cecil Roberts and John Banovic on Behalf of the International Union, United Mine Workers of America v. Honorable John C. Ashworth, Judge of the Circuit Court of Raleigh County, and New Beckley Mining Corporation, No. 19631 (W. Va. July 24, 1990) (Brotherton, J.): 813 W.Va. 319, 395 S.E.2d 563:
In reversing an order directing a union to pay one-half of the overtime expenses incurred by the sheriff in connection with surveillance directed by the court in order to maintain order at the site of a labor dispute, the Court held because the cost of law enforcement is ordinarily to be paid by the taxpayers, the cost of enforcing an injunction in a labor dispute may not be assessed against the parties where there has been no determination that either party is at fault.
Jefferson County Board of Education v. Jefferson County Education Association and Betty Jo Walter, its President; et al., No. 19575 (W. Va. April 12, 1990) (Miller, J.): 183 W.Va. 15, 393 S.E.2d 653:
In affirming a circuit court award of an injunction against members of a teachers' union from continuing a work stoppage, the Court held that (1) in the absence of legislation, public employees do not have the right to strike and (2) the right of public employees to bargain collectively, to have mediation and binding arbitration, and to strike are matters best resolved in the legislative arena. In affirming the award of the injunction in the absence of an evidentiary hearing, the Court applied a "balancing of hardship" test, holding that, under the circumstances presented, the opportunity for the parties to present their respective positions to the trial court prior to the award of the injunction was sufficient to support its conclusion that such award was proper.