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2020 SESSION
20102021DBe it enacted by the General Assembly of Virginia:
1. That §§ 40.1-55, 40.1-57.2, and 40.1-57.3 of the Code of Virginia are amended and reenacted as follows:
§ 40.1-55. Employee striking terminates, and becomes temporarily ineligible for, public employment.
A. Any
employee of the Commonwealth, or of any county, city, town or other political
subdivision thereof, or of any agency of any one of them, who, in concert with
two or more other such employees, for the purpose of obstructing, impeding or
suspending any activity or operation of his employing agency or any other
governmental agency, strikes or willfully refuses to perform the duties of his
employment shall, by such action, be deemed to have terminated his employment
and shall thereafter be ineligible for employment in any position or capacity
during the next twelve 12
months by the Commonwealth, or any county, city, town or other political
subdivision of the Commonwealth, or by any department or agency of any of them.
B. The provisions of subsection A shall not apply to an employee of any county, city, or town that has adopted a local ordinance pursuant to § 40.1-57.2 that authorizes its employees to engage in collective bargaining with respect to any matter relating to such employees or their employment or service.
§ 40.1-57.2. Prohibition against collective bargaining.
No state, county, municipal 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. 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
division.
§ 40.1-57.3. Certain activities permitted.
Nothing in this article shall be construed to prevent employees of the Commonwealth, its political subdivisions, or of any governmental agency of any of them from forming associations for the purpose of promoting their interests before the employing agency and, if they are employees of a county, city, or town that has, by a local ordinance as provided in § 40.1-57.2, authorized its employees to engage in collective bargaining, from doing so as provided in such ordinance.