SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2022 SESSION
22101706DBe it enacted by the General Assembly of Virginia:
1. That §§ 2.2-4321.2, 40.1-6, 40.1-51.19, 40.1-51.19:4.1, 40.1-55, 40.1-57.2, and 40.1-57.3 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-4321.2. Public works contract requirements.
A. As used in this section:
"Project labor
agreement" means a pre-hire collective bargaining agreement with one or
more labor organizations that establishes the terms and conditions of
employment for a specific public works project.
"Public
body" has the same meaning as provided in § 2.2-4301.
"Public works" means the operation, erection, construction, alteration, improvement, maintenance, or repair of any public facility or immovable property owned, used, or leased by a public body.
"State agency" means any authority, board, department, instrumentality, institution, agency, or other unit of state government. "State agency" shall not include any county, city, or town.
B. Each
public body As
provided in subsection F or as required by federal law, each state agency,
when engaged in procuring products or services or letting contracts for
construction, manufacture, maintenance, or operation of public works, or when
overseeing or administering such procurement, construction, manufacture,
maintenance, or operation, may, in its bid specifications, project agreements,
or other controlling documents:
1. Require or prohibit
bidders, offerors, contractors, or subcontractors to enter into or adhere to project labor agreements with
one or more labor organizations, on the same or related public works projects;
and
2. Require Otherwise discriminate against
bidders, offerors, contractors, subcontractors, or operators for becoming or refusing to
become or remain signatories or otherwise to adhere to
project labor agreements with one or more labor
organizations, on the same or other related public works projects.
Nothing in this subsection shall prohibit contractors or subcontractors from voluntarily entering into agreements described in subdivision 1.
C. A state agency issuing grants, providing financial assistance, or entering into cooperative agreements for the construction, manufacture, maintenance, or operation of public works shall ensure that neither the bid specifications, project agreements, nor other controlling documents therefor awarded by recipients of grants or financial assistance or by parties to cooperative agreements, nor those of any construction manager acting on behalf of such recipients, shall:
1. Require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or related projects; or
2. Otherwise discriminate against bidders, offerors, contractors, subcontractors, or operators for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related projects.
D. If an awarding authority, a recipient of grants or financial assistance, a party to a cooperative agreement, or a construction manager acting on behalf of any of such authority, recipient, or party performs in a manner contrary to the provisions of subsection B or C, the state agency awarding the contract, grant, or assistance shall be entitled to injunctive relief to prevent any violation of this section.
E. Any interested party, which shall include a bidder, offeror, contractor, subcontractor, or operator, shall have standing to challenge any bid specification, project agreement, neutrality agreement, controlling document, grant, or cooperative agreement that violates the provisions of this section. Furthermore, such interested party shall be entitled to injunctive relief to prevent any violation of this section.
F. The provisions of this section shall not:
1. Apply to any public-private agreement for any construction or infrastructure project in which the private body, as a condition of its investment or partnership with the state agency, requires that the private body have the right to control its labor relations policy and perform all work associated with such investment or partnership in compliance with all collective bargaining agreements to which the private party is a signatory and is thus legally bound with its own employees and the employees of its contractors and subcontractors in any manner permitted by the National Labor Relations Act, 29 U.S.C. § 151 et seq., or the Railway Labor Act, 45 U.S.C. § 151 et seq.;
2. Prohibit an employer or any other person covered by the National Labor Relations Act or the Railway Labor Act from entering into agreements or engaging in any other activity protected by law; or
3. Be interpreted to interfere with the labor relations of persons covered by the National Labor Relations Act or the Railway Labor Act.
§ 40.1-6. Powers and duties of Commissioner.
The Commissioner shall:
1. Have general supervision and control of the Department;
2. Enforce the provisions of this title and shall cause to be prosecuted all violations of law relating to employers or business establishments before any court of competent jurisdiction;
3. Make such rules and regulations as may be necessary for the enforcement of this title and procedural rules as are required to comply with the federal Occupational Safety and Health Act of 1970 (P.L. 91-596). All such rules and regulations shall be subject to Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2;
4. In the discharge of his duties, have power to take and preserve testimony, examine witnesses, and administer oaths and to file a written or printed list of relevant interrogatories and require full and complete answers to the same to be returned under oath within 30 days of the receipt of such list of questions;
5. Have power to appoint such representatives as may be necessary to aid the Commissioner in his work, with the duties of such representatives to be prescribed by the Commissioner;
6. Determine the
prevailing wage required to be paid under a public contract for public works as
provided in § 2.2-4321.3 and perform all other duties imposed on the
Commissioner under such section. Any determination of the prevailing wage rate
made by the Commissioner shall be based on applicable prevailing wage rate
determinations made by the U.S. Secretary of Labor under the provisions of the
Davis-Bacon Act, 40 U.S.C. § 276 et seq., as amended;
7.
Have power to require that accident, injury, and occupational illness records and
reports be kept at any place of employment and that such records and reports be
made available to the Commissioner or his duly authorized representatives upon
request, and to require employers to develop, maintain, and make available such
other records and information as are deemed necessary for the proper
enforcement of this title;
8. 7. Have
power, upon presenting appropriate credentials to the owner, operator, or agent
in charge:
a. To enter without delay and at reasonable times any business establishment, construction site, or other area, workplace, or environment where work is performed by an employee of any employer in this Commonwealth; and
b. To inspect and investigate, during regular working hours and at other reasonable times and within reasonable limits and in a reasonable manner, without prior notice unless such notice is authorized by the Commissioner or his representative, any such business establishment or place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, officer, owner, operator, agent, or employee. If such entry or inspection is refused, prohibited, or otherwise interfered with, the Commissioner shall have power to seek from a court having equity jurisdiction an order compelling such entry or inspection;
9. 8. Make
rules and regulations governing the granting of temporary or permanent
variances from all standards promulgated by the Board under this title. Any
interested or affected party may appeal to the Board, the Commissioner's
determination to grant or deny such a variance. The Board may, as it sees fit,
adopt, modify, or reject the determination of the Commissioner;
10. 9. Have
authority to issue orders to protect the confidentiality of all information
reported to or otherwise obtained by the Commissioner, the Board, or the agents
or employees of either that contains or might reveal a trade secret. Such
information shall be confidential and shall be limited to those persons who
need such information for purposes of enforcement of this title. Violations of
such orders shall be punishable as civil contempt upon application to the
Circuit Court of the City of Richmond. It shall be the duty of each employer to
notify the Commissioner or his representatives of the existence of trade
secrets where he desires the protection provided herein; and
11. 10. Serve as
executive officer of the Virginia Safety and Health Codes Board and of the
Apprenticeship Council and see that the rules, regulations, and policies that
they promulgate are carried out.
§ 40.1-51.19. Variances.
Upon application pursuant to the provisions of subdivision (9) 8
of § 40.1-6, the Commissioner may allow variances from a specific regulation
provided the applicant proves by clear and convincing evidence his boiler or
pressure vessel meets substantially equivalent operating criteria and
standards.
§ 40.1-51.19:4.1. Variances.
Upon application pursuant to the provisions of subdivision 9 8
of § 40.1-6, the Commissioner may allow variances from a specific statutory
requirement of this article provided the applicant proves by clear and
convincing evidence his hobby or model boiler meets substantially equivalent
construction and operating criteria and standards.
§ 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 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 or local
school board without regard to any local ordinance or resolution adopted
pursuant to § 40.1-57.2 by such county, city, or town or school board that
authorizes its employees to engage in collective bargaining.
§ 40.1-57.2. Collective bargaining.
A. No
state, county, 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 or by a resolution. Any such ordinance or
resolution shall provide for procedures for the certification and
decertification of exclusive bargaining representatives, including reasonable
public notice and opportunity for labor organizations to intervene in the
process for designating an exclusive representative of a bargaining unit. 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.
B. No ordinance or
resolution adopted pursuant to subsection A shall include provisions that
restrict the governing body's authority to establish the budget or appropriate
funds.
C. For any governing body
of a county, city, or town that has not adopted an ordinance or resolution
providing for collective bargaining, such governing body shall, within 120 days
of receiving certification from a majority of public employees in a unit
considered by such employees to be appropriate for the purposes of collective
bargaining, take a vote to adopt or not adopt an ordinance or resolution to
provide for collective bargaining by such public employees and any other public
employees deemed appropriate by the governing body. Nothing in this subsection
shall require any governing body to adopt an ordinance or resolution
authorizing collective bargaining.
D. Notwithstanding the
provisions of subsection A regarding a local ordinance or resolution granting
or permitting collective bargaining, no officer elected pursuant to Article
VII, Section 4 of the Constitution of Virginia or any employee of such officer
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.
§ 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 or local school board that
has, by a local ordinance or resolution as provided in § 40.1-57.2, authorized
its employees to engage in collective bargaining, from doing so as provided in
such ordinance or resolution.
2. That § 2.2-4321.3 of the Code of Virginia is repealed.