May 22, 2025

Cristin Bernhardt
Regulatory Coordinator
Virginia Department of Labor and Industry
6606 W. Broad Street, Suite 500
Richmond, VA 23230

Via email: cristin.bernhardt@doli.virginia.gov

Re: Public Comment in Support of Proposed Regulation Regarding Local Government Union Requirements and Employee Protections

Dear Ms. Bernhardt,

On behalf of the Thomas Jefferson Institute for Public Policy (TJIPP), a nonprofit organization which provides expert analysis and customized research to policymakers regarding labor policy-related legislation and regulation, I write to express our strong support for the Virginia Department of Labor and Industry’s (“the Department”) proposed regulations concerning local government union requirements and employee protections.

In light of the recent extension of collective bargaining to local governments in Virginia, clear rules are needed to protect both public employees’ fundamental rights and taxpayers’ interests. The Department’s proposed regulation is a necessary and appropriate step to implement such protections, and we commend the Department for exercising its statutory authority to do so.

TJIPP supports the proposed rule for the following reasons.

First, the proposed rule would protect public employees' right to a secret ballot in union representation elections by implementing and upholding Va. Code § 40.1-54.3. Secret-ballot elections are the only way to ensure that employees can vote their conscience, free from coercion or intimidation. The use of card check, which can expose employees to pressure and potential fraud, undermines free choice and should not be permitted in the Commonwealth. With local governments now adopting a patchwork of collective bargaining rules and procedures, uniform enforcement of the state’s secret ballot protections is needed to uphold democratic principles in the workplace.

Second, to help ensure public employees’ voluntary consent, government-administered payroll deduction of union dues should only occur upon clear, written authorization by the employee. The proposed regulation’s requirement for written and signed dues deduction authorization grants municipal government employees the same protections already enjoyed by their private-sector counterparts pursuant to Va. Code § 40.1-29(C). Requiring written authorization for union dues deductions also helps prevent abusive practices, such as telephonic or recorded voice authorizations or simply unauthorized deductions.

TJIPP would encourage the Department to consider going a step further, however, and require that public employee dues deduction authorization forms contain notices of employees’ statutory and First Amendment rights, as recognized by the U.S. Supreme Court in Janus v. AFSCME (2018), to refrain from union membership and dues payment.

Third, the Department’s proposed rule would properly prohibit union membership solicitations from occurring during working hours. Public employees should not be subjected to union membership solicitations that disrupt their work or take place in settings like mandatory new employee orientations. The proposed regulation’s extension of Va. Code § 40.1-66 to local government employers would appropriately balance employees’ rights to free association with the need to maintain a productive workplace and prevent taxpayer-funded resources from being used to subsidize private organizations’ membership drives paid work time.

TJIPP would encourage the Department to also limit direct union membership solicitations by direct supervisors, as such contact can lead to intimidation and harassment.  Similarly, there should be strict limits on what personally identifiable information is shared with union organizers to limit potential for being solicited at their home without permission.  Workers should be able to choose how they are contacted or what limits they prefer.  Finally, any information shared with union organizers should also be available to be shared with outside organizations seeking to educate workers on their rights and freedoms. 

Lastly, the proposed enforcement provisions, including the Commissioner’s authority to seek prosecution of violations, are needed to ensure compliance and safeguard public employees’ rights in practice.

As collective bargaining continues to proliferate among Virginia’s municipal employers, the Department’s proposed regulations will provide important clarity, uniformity, and safeguards. Additionally, the rules would promote both respect for individual choice in union membership and stewardship of taxpayer-funded government resources.

The Department should promptly finalize and implement the proposed regulations to ensure that both public employees and taxpayers are protected as Virginia moves forward with expanded local government collective bargaining.

Thank you for the opportunity to provide comments on this important matter.

Derrick Max, President and CEO,

Thomas Jefferson Institute for Public Policy
PO Box 219

Round Hill, VA 20142