A change in Virginia law allowing for public-sector
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Welcome to Union Station
** April 30, 2021
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Welcome to Union Station, our weekly newsletter that keeps you abreast of the legislation, national trends, and public debate surrounding public-sector union policy.
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** Public-sector collective bargaining legal in Virginia as of May 1
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A change in Virginia law allowing for public-sector collective bargaining goes into effect May 1. In anticipation, the city of Alexandria adopted an ordinance allowing public-sector collective bargaining in the city on April 17.
About the law
The Virginia General Assembly approved legislation in March 2020 repealing Virginia’s prohibition of public-sector collective bargaining. The legislation allows 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 ([link removed] and Senate Bill 939 ([link removed] . Governor Ralph Northam (D) signed the bills on April 22, 2020.
The amended text of Code of Virginia § 40.1-57.2 ([link removed] will now state, in part:
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.
In 1977, the Supreme Court of Virginia ruled ([link removed] that existing public-sector collective bargaining agreements were invalid under state law.
Virginia was one of three states banning all public-sector collective bargaining, along with North Carolina and South Carolina. Some states prohibit public-sector collective bargaining but make exceptions for police, firefighters, or teachers.
Democrats gained trifecta control of Virginia state government in 2019.
Alexandria’s ordinance
On April 17, the Alexandria City Council unanimously adopted an ordinance ([link removed] allowing collective bargaining in the city, becoming the first city to do so in light of the upcoming change in state law.
According to ([link removed] the city:
The ordinance was developed with the intent to promote orderly and constructive relationships between the City and its employees and ensure an uninterrupted, efficient government. ... The ordinance defines bargaining units as police; fire and emergency medical services; labor and trades; professional; and administrative and technical. A Labor Relations Administrator will be appointed as the neutral to effectively administer the requirements established by the ordinance.
In support of the ordinance, city council member Mo Seifeldein said ([link removed] , “I want to point out, as many members have said — and we had people from Arlington come and speak — the importance of what we're doing in Alexandria, which really demonstrates and shows that despite our differences, when it comes down to it that Alexandria is not afraid to lead and be the first and set precedent not only for ourselves but ... for the Commonwealth as a whole.”
Opposing the ordinance, National Right to Work Committee president Mark Mix said ([link removed] , “Alexandria’s decision to grant union bosses the power to force public educators, police officers, firefighters, and other public employees under their one-size-fits-all so-called ‘representation’ not only deprives individual workers of their basic right to select their own representation, but will also saddle Alexandria taxpayers with an even more oppressive tax burden than what they already deal with.”
** What we're reading
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* The Center Square ([link removed] , “Right-to-work constitutional amendment goes to Tennessee voters,” April 29, 2021 ([link removed]
* Bloomberg Law ([link removed] , “Lawyer in New Jersey AG’s Office Challenges State Union Dues Law,” April 28, 2021 ([link removed]
* Government Executive ([link removed] , “Biden Signs Executive Order to Promote Collective Bargaining,” April 26, 2021 ([link removed]
** The big picture
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Number of relevant bills by state:
We are currently tracking 93 pieces of legislation dealing with public-sector employee union policy. On the map below, a darker shade of green indicates a greater number of relevant bills. Click here ([link removed] for a complete list of all the bills we're tracking.
Number of relevant bills by current legislative status
Number of relevant bills by partisan status of sponsor(s)
** Recent legislative actions
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Below is a complete list of relevant legislative actions taken since our last issue.
* Illinois HB2521 ([link removed] : This bill would allow electronic signatures on petitions submitted for selecting an exclusive bargaining representative. It would allow certification elections to be conducted electronically. It would also prohibit an employer from promising or taking action against an employee for participating in a strike.
+ Democratic sponsorship.
+ Sen. Robert Peters (D) added as alternate co-sponsor April 28.
* Maine LD52 ([link removed] : This bill would allow educational policies related to preparation and planning time and transfer of teachers to be subjects of collective bargaining negotiations.
+ Democratic sponsorship.
+ Education and Cultural Affairs Committee reported “ought to pass as amended” April 28.
* Maine LD97 ([link removed] : This bill would bar public-sector and private-sector employers from requiring employees to join or pay dues to a union as a condition of employment.
+ Republican sponsorship.
+ Died (placed in legislative files) April 28.
* Maine LD1402 ([link removed] : This bill would remove the authority to require public employees who do not join a union to pay service fees to the union.
+ Republican sponsorship.
+ Labor and Housing Committee vote April 26 (divided report).
* Oregon SB580 ([link removed] : This bill would amend the law's definition of "employment relations" to include class size and caseload limits as mandatory collective bargaining subjects for school districts.
+ Democratic sponsorship.
+ First reading in the House, referred to speaker’s desk April 27.
* Tennessee HJR0072 ([link removed] : A constitutional amendment that would bar any person, corporation, or governmental entity from denying employment due to an individual's affiliation status with a union or other employee organization.
+ Republican sponsorship.
+ House substituted SJR 2 April 26.
* Tennessee SJR0002 ([link removed] : A constitutional amendment that would bar any person, corporation, or governmental entity from denying employment due to an individual's affiliation status with a union or other employee organization.
+ Republican sponsorship.
+ House concurred April 29.
* Washington SB5133 ([link removed] : This bill amends the definition of a "confidential employee" for the purposes of collective bargaining.
+ Democratic sponsorship.
+ Delivered to governor April 26.
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