
by J. Kennerly Davis
In the spring of 2020 — with Democrats controlling the Senate, the House of Delegates, and the Governorโs mansion โ the General Assembly narrowly passed and Governor Northam signed HB-582, now set out in Section 40.1-57.2 of the Code of Virginia. That law, enacted during the widely disorienting onset of Covid, marked a dramatic change in Virginia labor law, and it represents gross legislative malfeasance that cries out for repeal.
Prior to the enactment of HB-582, public employee collective bargaining was prohibited by state law. This prohibition was consistent with long-established practice across the country.
The 2020 law significantly altered the landscape in Virginia. It repealed the state prohibition on public-sector collective bargaining and now allows localities โ counties, cities, and towns โ to formally recognize labor unions and other employee associations as bargaining agents and to enter into collective bargaining agreements with those agents.
If a local government does not adopt an ordinance recognizing a bargaining agent, employees of that government can form a unit, request collective bargaining, and force the local government to vote on recognition within 120 days.
Since the law took effect on May Day 2021, public sector unions and their supporters have pressured local governments across the commonwealth for recognition of bargaining agents. Several cities and counties, including Alexandria, Richmond, Arlington, Fairfax, Loudoun, and Prince William, have adopted ordinances or resolutions allowing public sector collective bargaining, and union activities in those localities are steadily advancing.
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