A. No state, county, city, town, or like governmental officer, agent, or governing body is vested with or possesses any authority to recognize any labor union or other employee association as a bargaining agent of any public officers or employees, or to collectively bargain or enter into any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment or service unless, in the case of a county, city, or town, such authority is provided for or permitted by a local ordinance or by a resolution. Any such ordinance or resolution shall provide for procedures for the certification and decertification of exclusive bargaining representatives, including reasonable public notice and opportunity for labor organizations to intervene in the process for designating an exclusive representative of a bargaining unit. As used in this section, "county, city, or town" includes any local school board, and "public officers or employees" includes employees of a local school board.
B. No ordinance or resolution adopted pursuant to subsection A shall include provisions that restrict the governing body's authority to establish the budget or appropriate funds.
C. For any governing body of a county, city, or town that has not adopted an ordinance or resolution providing for collective bargaining, such governing body shall, within 120 days of receiving certification from a majority of public employees in a unit considered by such employees to be appropriate for the purposes of collective bargaining, take a vote to adopt or not adopt an ordinance or resolution to provide for collective bargaining by such public employees and any other public employees deemed appropriate by the governing body. Nothing in this subsection shall require any governing body to adopt an ordinance or resolution authorizing collective bargaining.
D. Notwithstanding the provisions of subsection A regarding a local ordinance or resolution granting or permitting collective bargaining, no officer elected pursuant to Article VII, Section 4 of the Constitution of Virginia or any employee of such officer is vested with or possesses any authority to recognize any labor union or other employee association as a bargaining agent of any public officers or employees, or to collectively bargain or enter into any collective bargaining contract with any such union or association or its agents, with respect to any matter relating to them or their employment or service.
1993, cc. 868, 879; 2020, cc. 1209, 1276.
Structure Code of Virginia
Title 40.1 - Labor and Employment
Chapter 4 - Labor Unions, Strikes, Etc.
§ 40.1-52. Authority of labor unions to own, encumber and sell real estate
§ 40.1-53. Preventing persons from pursuing lawful vocations, etc.; illegal picketing; injunction
§ 40.1-54.1. Public policy as to strikes and work stoppages at hospitals
§ 40.1-54.2. Strikes and work stoppages at hospitals prohibited; penalty
§ 40.1-54.3. Right to vote by secret ballot on labor organization representation
§ 40.1-55. Employee striking terminates, and becomes temporarily ineligible for, public employment
§ 40.1-56. Department head, etc., to notify employee of such termination, etc.
§ 40.1-57. Appeal by employee from declaration of ineligibility
§ 40.1-57.1. Appeal by employer for reemployment of terminated employee
§ 40.1-57.2. Collective bargaining
§ 40.1-57.3. Certain activities permitted
§ 40.1-58.1. Application of article to public employers and employees
§ 40.1-59. Agreements or combinations declared unlawful
§ 40.1-60. Employers not to require employees to become or remain members of union
§ 40.1-61. Employers not to require abstention from membership or officeholding in union
§ 40.1-62. Employer not to require payment of union dues, etc.
§ 40.1-63. Recovery by individual unlawfully denied employment
§ 40.1-64. Application of article to contracts
§ 40.1-65. Agreement or practice designed to cause employer to violate article declared illegal
§ 40.1-66. Conduct causing violation of article illegal; peaceful solicitation to join union
§ 40.1-67. Injunctive relief against violation; recovery of damages
§ 40.1-68. Service of process on clerk of State Corporation Commission as attorney for union
§ 40.1-69. Violation a misdemeanor
§ 40.1-70. Department designated agency to mediate disputes
§ 40.1-72. Commissioner to notify Governor of disputes; mediation and conciliation
§ 40.1-73. Commissioner to keep Governor informed of negotiations, etc.
§ 40.1-75. Article not applicable when National Railway Labor Act applies