                                 CODE OF VIRGINIA

COLLECTIVE BARGAINING (§ 40.1-57.2)

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, &#8220;county,
city, or town&#8221; includes any local school board, and &#8220;public officers
or employees&#8221; 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&#8217;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.

HISTORY: 1993, cc. 868, 879; 2020, cc. 1209, 1276.