Public-sector union policy in Virginia
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On June 27, 2018, the Supreme Court of the United States issued its decision in Janus v. American Federation of State, County, and Municipal Employees (Janus v. AFSCME), a case concerning the constitutionality of public-sector labor union agency fees. In its 5-4 decision, the court ruled that being required to give any financial support to a union violates employees' rights under the First Amendment to the United States Constitution. With Janus, the high court overturned the precedent established in Abood v. Detroit Board of Education that had permitted public-sector unions to collect agency fees to support non-political activities such as collective bargaining efforts and administrative work.[1][2]
In anticipation of and in response to this ruling, bills relating to public-sector employee unions were introduced in state legislatures across the United States. This article provides general information on public-sector unions and relevant legislation in Virginia.
Background
Generally, members of an employee union pay fees to that union. These fees support the union's activities, which can include collective bargaining and contract administration, as well as political activities, such as lobbying. Some public-sector employees do not wish to join a union, and some are opposed to unions' political activities. In 1977, the Supreme Court of the United States ruled, in Abood v. Detroit Board of Education, that employees cannot be required to give financial support to a union's political activities. However, the court found that it was not a violation of employees' rights under the First Amendment to the United States Constitution to require them to pay fees to support union activities from which they benefit, such as collective bargaining. This ruling was overturned by Janus, which held that such fees are not constitutional.[3]
Relevant legislation in Virginia
This legislation tracking project has been archived. Click here to view public-sector union legislation introduced from 2018 to 2023.
Noteworthy events
Public-sector collective bargaining prohibition repealed (2020)
In 2020, the Virginia General Assembly approved legislation repealing Virginia’s prohibition of public-sector collective bargaining. In 1977, the Supreme Court of Virginia ruled that existing public-sector collective bargaining agreements were invalid under state law.[4] The 2020 legislation allowed local governments to bargain collectively with their employees upon adopting an authorizing ordinance or resolution. The final legislation was the product of a joint conference committee compromise between two competing bills: House Bill 582 and Senate Bill 939.[5][6] Governor Ralph Northam (D) signed the bills on April 22, 2020, and the law went into effect on May 1, 2021.[7]
Code of Virginia § 40.1-57.2 was amended, in part, as follows:[8]
| “ | 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.[9] | ” |
Democrats had trifecta control of Virginia state government at the time.
See also
Select a state on the map below to read more about public-sector employee union legislation in that state.
Footnotes
- ↑ SCOTUSblog, "Janus v. American Federation of State, County, and Municipal Employees, Council 31," accessed May 9, 2018
- ↑ Supreme Court of the United States, "Janus v. American Federation of State, County, and Municipal Employees: Opinion," June 27, 2018
- ↑ Oyez, "Abood v. Detroit Board of Education," accessed May 9, 2018
- ↑ Justia, "Commonwealth v. Arlington County Bd.," January 14, 1977
- ↑ LIS: Virginia's Legislative Information System, "H 582," accessed January 18, 2023
- ↑ LIS: Virginia's Legislative Information System, "S 939," accessed January 18, 2023
- ↑ LIS: Virginia's Legislative Information System, "SB 939 Employees of local governments; collective bargaining," accessed January 18, 2023
- ↑ LIS: Virginia Law, "Code of Virginia: Article 2.1. Collective Bargaining for Governmental Employees," accessed January 18, 2023
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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