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2020 SESSION
20107464DBe 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 apply to any employee of any county, city, or town without regard to any local ordinance pursuant to § 40.1-57.2 adopted by such county, city, or town that authorizes its employees to engage in collective bargaining.
§ 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 board.
The provisions of this section shall not apply to any officer elected pursuant to Article VII, Section 4 of the Constitution of Virginia or to any employee of such officer.
§ 40.1-57.3. Certain activities permitted.
Nothing in this article shall be construed to prevent employees of the Commonwealth, of 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.