All collective bargaining resolutions adopted by Virginia school boards, to date, provide for free and fair secret ballot elections, in compliance with Virginia Code Section 40.1-54.3. All of them also permit payroll deduction of union dues only upon written authorization from an employee. There is no collective bargaining policy in the public sector in the Commonwealth that runs contrary to the provisions of Section 40.1. 

If the Department of Labor and Industry will be making regulatory changes to make it explicit that Virginia's right to work provisions apply in the unionized public sector, why not extend all worker protections enforced by DoLI to local government and school board employees? Regulatory change is being made where none is needed; meanwhile, where workers are not protected, DoLI is remaining silent.

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

I support this action

I support the Virginia Department of Labor (DoLI) proposed regulations on local government Collective Bargaining Agreements (CBA). To that end, I support the following points:

• The proposed regulation would protect public employees’ right to a secret ballot in union representation elections.
• Deduction of union dues should only occur upon clear, written authorization by the employee.
• Union membership solicitations during working hours should be prohibited.
• Union membership solicitations by direct supervisors should be prohibited this may lead to workplace intimidation and harassment.
• Workers should be able to choose how they are contacted or what limits they prefer.

Regards,

Mark Maxwell 

Fairfax County Resident

Support the proposed regulations as protection for worker's democratic rights.

• The proposed regulation would protect public employees’ right to a secret ballot in union representation elections.
• Deduction of union dues should only occur upon clear, written authorization by the employee.
• Union membership solicitations during working hours should be prohibited.
• Union membership solicitations by direct supervisors should be prohibited this may lead to workplace intimidation and harassment.
• Workers should be able to choose how they are contacted or what limits they prefer.

I was unaware until today that this legislation was being considered. I would say that requiring someone to join an organization they disagree with seems unquestionably unAmerican.  A secret ballot is the cornerstone of the American voting process. Why would anyone object to it, unless they have ulterior motives. No one shoud be subject to being accosted at work by someone wanting something non-work related, or have money taken from them without their express approval. Those things seem very obvious to me.

This proposed rule correctly applies Virginia law protecting Virginia workers from the corrupt "card check" system.

As such, we support it.

I write to support the Virginia Department of Labor and Industry’s proposed regulations concerning local government union requirements and employee protections. 

It is essential that local government Collective Bargaining Agreements (CBA). leave public workers free to join or not join and to pay or not pay dues to unions that are supposed to represent them. Workers should be free to choose how they are contacted and what limits they prefer. 

Virginia Workers should always have a choice. While collective bargaining may fit many situations it will not fit all workers, as each individual has rights, and they may choose to not participate in an agreement , but wish to continue to work. They must have that option.

The same individual choice applies to schooling. Individual needs vary and to best serve the citizens of our future, services should be as varied and flexible as possible to obtain the maximum results

Public sector collective bargaining is a bad idea because it takes government out of the hands of the taxpayers and gives control of it to unelected union bosses, and because it subjects individual employees to monopoly bargaining representatives rather than allowing them to deal with their employer themselves or through a representative of their own choosing. The proposed regulations are necessary to protect the rights of individual public employees until such time as the statutory authorization of monopoly bargaining in the public sector is repealed by the Virginia legislature and Governor.