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1999 SESSION

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(HB2265)

GOVERNOR'S VETO

    Pursuant to § 6 of Article V of the Constitution of Virginia, I am vetoing House Bill 2265.

    This bill seeks to amend Virginia’s statute relating to public employer-employee relations in order that public employees may form associations for the purpose of discussing their interests with their employing agency, rather than merely promoting those interests. Implicit within the term “discuss,” however, is the ability to negotiate employment terms and conditions, an activity contrary to the Commonwealth’s prohibition on collective bargaining.

    The language in Virginia Code § 40.1-57.3 is clear and unambiguous. Despite the recent Virginia history against such public sector collective bargaining, state and local governments have always provided their public sector employees every opportunity to promote their interests before their employers.

    Proponents of House Bill 2265 have publicly stated that the intent of the legislation is merely to clarify that employee associations may indeed promote their interests without engaging in contractual negotiations. Changing the language to such a degree, however, creates a bilateral expectation among employees and confusion among employers as to what activities both groups are permitted to engage in.

    Historically, Virginia has endeavored to promote peaceful, stable employer-employee relationships that protect the rights of all public employees. Although this legislation is permissive, the potential for inconsistency and confusion will only lead to a more adversarial relationship between local government managers and their employees.

    Accordingly, I am returning this bill without my signature.