Whenever there is in effect a collective bargaining contract covering employees of any utility engaged in the business of furnishing water, light, heat, gas, electric power, transportation or communication, the utility or the collective bargaining agent recognized by the utility and its employees shall not terminate or modify such contract until the party desiring such termination or modification serves written notice upon the Department of the proposed termination or modification at least thirty days prior to the expiration date thereof or, in the event such contract contains no expiration date, at least thirty days prior to the date it is proposed to make such termination or modification; provided, however, that a party having given notice of modification as provided herein shall not be required to give a notice of termination of the same contract.
Where there is no collective bargaining contract in effect, the utility or its employees shall give at least thirty days' notice to the Department prior to any work stoppage which would affect the operations of the utility engaged in the business of furnishing any of the utilities as described in this section.
If the utility or its employees, or the collective bargaining agent recognized by the utility and its employees, as the case may be, fails to give thirty days' notice as required by this section, the utility or its employees or such collective bargaining agent, as the case may be, may file a bill of complaint with the clerk of the circuit court having equity jurisdiction over the place of employment asking the court to temporarily enjoin such termination, modification or work stoppage until the proper notice has been served and the thirty-day period has been observed. The court shall have the authority to impose against any person who violates the notice provisions of this section a fine of up to $100 for each day such termination, modification or work stoppage continues until proper notice has been served and observed or against the collective bargaining agent the court shall have the authority to impose a fine of up to $1,000 for each day such termination or modification continues until proper notice has been served and observed.
Code 1950, § 40-95.2; 1952, c. 697; 1966, c. 92; 1970, c. 321; 1979, c. 515.
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