TITLE 16. LABOR AND EMPLOYMENT

DEPARTMENT OF LABOR AND INDUSTRY

Final Regulation

Title of Regulation: 16VAC15-70. Local Government Union Requirements and Employee Protections (adding 16VAC15-70-10, 16VAC15-70-20, 16VAC15-70-30).

Statutory Authority: §§ 40.1-2.1 and 40.1-6 of the Code of Virginia.

Effective Date: July 30, 2025.

Agency Contact: Cristin Bernhardt, Regulatory Coordinator, Department of Labor and Industry, 6606 West Broad Street, Suite 500, Richmond, VA 23230, telephone (804) 786-2392, FAX (804) 786-8418, or email cristin.bernhardt@doli.virginia.gov.

Summary:

The final regulation (i) defines necessary terms, (ii) extends certain statutory labor protections to local government public employers and employees, and (iii) allows the Commissioner of Labor and Industry to request prosecution by the appropriate attorney for the Commonwealth for all violations of law relating to local government union requirements and employee protections before any court of competent jurisdiction. No substantive changes were made to the proposed regulation.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

Chapter 70

Local Government Union Requirements and Employee Protections

16VAC15-70-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Commissioner" means the same as that term is defined in § 40.1-2 of the Code of Virginia.

"Employee" means the same as that term is defined in § 40.1-2 of the Code of Virginia.

"Labor organization" means the same as that term is defined in § 40.1-54.3 A of the Code of Virginia.

"Local government public employer" means any county, city, town, or governing body of a locality, including any local school board.

"Secret ballot" means the expression by ballot, voting machine, or otherwise, but in no event by proxy, of a choice with respect to any election or vote taken upon any matter, which is cast in such a manner that the person expressing such choice cannot be identified with the choice expressed.

16VAC15-70-20. Applicability of statute to local government public employers.

A. Pursuant to § 40.1-2.1 of the Code of Virginia, the commissioner extends coverage of the following provisions to local government public employers:

1. Subdivision 2 of § 40.1-6 of the Code of Virginia [ , Powers and duties of Commissioner ];

2. Section 40.1-7 of the Code of Virginia [ , Attorney for the Commonwealth to prosecute on request of Commissioner ];

3. Section 40.1-49.4 F 2 of the Code of Virginia [ , Injunctions ];

4. Section 40.1-54.3 of the Code of Virginia [ , Right to vote by secret ballot on labor organization representation ];

5. Section 40.1-62 of the Code of Virginia [ , Employer not to require payment of union dues, etc. ];

6. Section 40.1-66 of the Code of Virginia [ , Conduct causing violation of article illegal; peaceful solicitation to join union ];

7. Section 40.1-67 of the Code of Virginia [ , Injunctive relief against violation; recovery of damages ]; and

8. Section 40.1-69 of the Code of Virginia [ , Violation a misdemeanor ].

B. Pursuant to § 40.1-29 C of the Code of Virginia, to the extent that an alleged violative conduct concerns improper withholding of any dues, fees, or other charges of any kind [ to for ] any [ labor union or ] labor organization, no local government public employer shall withhold any part of the wages or salaries of any employee except for payroll, wage, or withholding taxes or in accordance with law without the written and signed authorization of the employee.

C. To the extent that alleged violative conduct concerns improper withholding of any dues, fees, or other charges of any kind [ to for ] any [ labor union or ] labor organization, § 40.1-29 [ A, ] E through H [ , and L ] of the Code of Virginia shall apply to local government public employers.

16VAC15-70-30. Prosecution of violations.

The commissioner may request prosecution by the appropriate attorney for the Commonwealth [ of all violations of law relating to local government union requirements and employee protections ] before any court of competent jurisdiction [ of all violations of this chapter or those provisions of the Code of Virginia extended to local government public employers by 16VAC15-70-20 ].