Ms. Bernhardt, 

Thank you for the opportunity to submit comments regarding the Department of Labor and Industries proposed field operations manual regarding "Chapter Six-A Local Government Union Requirements and Employee Protections."

The Freedom Foundation supports the Departments recent rulemaking on this topic and appreciates the additional clarity provided by the proposed field operations manual. 

That said, the Foundation would like to suggest the following adjustments and improvements to the draft for your consideration. 

1. Page 3 ("Section 1.00 Background, B. Local Government Collective Bargaining"): The proposed draft states that Section 40.1-57.2 of the Code of Virginia permits local governments to adopt local ordinances authorizing them to "recognize" labor unions as bargaining agents for their employees. While the term "recognize" does appear in the statute, it is in the context of the statute's general prohibition on public-sector collective bargaining. The exception to the general prohibition that permits local governments to authorize collective bargaining for their employees directs the authorizing local government to provide for the "certification and decertification of exclusive bargaining representatives." In the labor relations context, the term "recognize" often refers to "voluntary recognition," a process by which the employer recognizes a union as the bargaining agent for its employees without an election, whereas "certification" typically results from employees selecting an exclusive bargaining representative pursuant to a secret-ballot election. Voluntary recognition is obviously incompatible with Virginia law requiring secret-ballot elections for union certification. Sec. 40.1-54.3 of the Code of Virginia. Accordingly, we would encourage the Department to replace the term "recognize" with "certify" for clarity.
2. The same paragraph of the proposed field manual describes Section 40.1-57.2 of the Code of Virginia as authorizing local governments to adopt collective bargaining ordinances allowing unions representing public employees to bargain over "any matter relating to them or their employment." This language actually comes from the statute's broad prohibition on public-sector collective bargaining. The exception to that prohibition for local government employers does not actually specify the range of topics over which local government employers must bargain; presumably, the scope of bargaining will be determined by each local government in its authorizing ordinance. Accordingly, we would encourage the Department to strike this language from its proposed field manual as it improperly implies that local governments must authorize an incredibly broad scope of bargaining when the statute does not impose such an obligation upon them. 
3. The third paragraph of the above section begins with reference to "The statute..." The only statute previously referenced in this section of the draft field manual is Section 40.1-57.2, but the statute referenced in this paragraph is actually Section 40.1-55 of the Code of Virginia. For clarity, we would recommend beginning the sentence with "Section 40.1-55 of the Code of Virginia" instead of "The statute..."
4. Page 7 ("Section 5.00 Employer Responsibilities and Rights, F."): The second paragraph is largely a quote from Section 40.1.-66 of the Code of Virginia. However, the quote is missing closed-quote quotation marks at the end of the paragraph after "during working hours."
5. Page 12 (Appendix A, 2. "Notice to Employees Regarding Payment of Union Dues and Employee Rights."): The suggested "Notice to Employees" accurately notes that "Your right to join and pay dues to, or to refrain from joining and paying dues to, a labor union is protected by Virginia law." The proposed notice would also inform employees that "You may revoke this authorization at a later date in accordance with procedures established by your employer." Given the difficulty many unionized public employees face in cancelling unwanted union membership, we would encourage the Department to incorporate a reference to the fact that local government employers in Virginia cannot require a public employee to "remain a member of any labor union or labor organization as a condition of employment or continuation of employment." Section 40.1-60 Code of Virginia.
6. The "Note" in the same section currently states that "an employee must, in some way, provide written and signed authorization to the employer" regarding the deduction of union dues from their pay. We would recommend striking the phrase "in some way" as it may add unnecessary ambiguity and create confusion by going beyond the statutory language of Section 40.1-29 Code of Virginia. 
7. Page 13 ("5. Strikes...") A paragraph break is missing between the heading and the body paragraph. 

Thank you for your consideration, and please do not hesitate to contact us if you would like to discuss any of these suggestions further. 

Respectfully, 

Maxford Nelsen