2025 SESSION

ENGROSSED

24105166D

HOUSE BILL NO. 1284

House Amendments in [ ] - February 9, 2024

A BILL to amend and reenact §§ 40.1-55, 40.1-57.2, and 40.1-57.3 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 4 of Title 40.1 an article numbered 2.2, consisting of sections numbered 40.1-57.4 through 40.1-57.7, relating to collective bargaining by firefighters and emergency medical services providers.

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Patron Prior to Engrossment—Delegate Askew

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Referred to Committee on Labor and Commerce

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Be it enacted by the General Assembly of Virginia:

1. That §§ 40.1-55, 40.1-57.2, and 40.1-57.3 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Chapter 4 of Title 40.1 an article numbered 2.2, consisting of sections numbered 40.1-57.4 through 40.1-57.7, as follows:

§ 40.1-55. Employee striking terminates, and becomes temporarily ineligible for, public employment.

A. Any employee of the Commonwealth, or of any county, city, town or other political subdivision thereof, or of any agency of any one of them, who, in concert with two or more other such employees, for the purpose of obstructing, impeding or suspending any activity or operation of his employing agency or any other governmental agency, strikes or willfully refuses to perform the duties of his employment shall, by such action, be deemed to have terminated his employment and shall thereafter be ineligible for employment in any position or capacity during the next 12 months by the Commonwealth, or any county, city, town or other political subdivision of the Commonwealth, or by any department or agency of any of them.

B. The provisions of subsection A shall apply to (i) any employee authorized to engage in collective bargaining pursuant to Article 2.2 (§ 40.1-57.4 et seq.) and (ii) any employee of any county, city, or town or local school board without regard to any local ordinance or resolution adopted pursuant to § 40.1-57.2 by such county, city, or town or school board that authorizes its employees to engage in collective bargaining.

§ 40.1-57.2. Collective bargaining.

A. 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:

1. Such authority is provided for by Article 2.2 (§ 40.1-57.4 et seq.); or

2. In the case of a county, city, or town, such authority is provided for or permitted by a local ordinance or by a resolution. Any such ordinance or resolution shall provide for procedures for the certification and decertification of exclusive bargaining representatives, including reasonable public notice and opportunity for labor organizations to intervene in the process for designating an exclusive representative of a bargaining unit. As used in this section, "county, city, or town" includes any local school board, and "public officers or employees" includes employees of a local school board.

B. No ordinance or resolution adopted pursuant to subsection subdivision A 2 shall include provisions that restrict the governing body's authority to establish the budget or appropriate funds.

C. For any governing body of a county, city, or town that has not adopted an ordinance or resolution providing for collective bargaining, such governing body shall, within 120 days of receiving certification from a majority of public employees in a unit considered by such employees to be appropriate for the purposes of collective bargaining, take a vote to adopt or not adopt an ordinance or resolution to provide for collective bargaining by such public employees and any other public employees deemed appropriate by the governing body. Nothing in this subsection shall require any governing body to adopt an ordinance or resolution authorizing collective bargaining.

D. Notwithstanding the provisions of subsection A regarding a statute, local ordinance, or resolution granting or permitting collective bargaining, no officer elected pursuant to Article VII, Section 4 of the Constitution of Virginia or any employee of such officer 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.

§ 40.1-57.3. Certain activities permitted.

Nothing in this article shall be construed to prevent employees of the Commonwealth, of its political subdivisions, or of any governmental agency of any of them from forming associations for the purpose of promoting their interests before the employing agency and, if they are (i) firefighters or emergency medical services providers authorized to engage in collective bargaining by Article 2.2 (§ 40.1-57.4 et seq.) or (ii) employees of a county, city, or town or local school board that has, by a local ordinance or resolution as provided in § 40.1-57.2, authorized its employees to engage in collective bargaining, from doing so as provided in such statute, ordinance, or resolution.

Article 2.2.

Collective Bargaining by Firefighters and Emergency Medical Services Providers.

§ 40.1-57.4. Definitions.

As used in this article, unless the context requires a different meaning:

"Arbitration" means the procedure whereby the parties involved in an impasse or grievance dispute submit their differences to a third party for a final and binding decision or as otherwise provided in this article.

"Collective bargaining" means performing the mutual obligation of the representatives of a public employer and the representatives of such public employer's employees to negotiate in good faith at reasonable times and places with respect to wages, hours, other terms and conditions of employment, the continuation, modification, or deletion of an existing provision of a collective bargaining agreement, or the resolution of questions arising under such agreement, and includes executing a written contract incorporating the terms of any agreement reached.

"Emergency medical services provider" has the same meaning as provided for the term "emergency medical services personnel" in § 9.1-300.

"Employee organization" means an organization in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, hours, and other terms and conditions of employment.

"Employer" means a political subdivision of the Commonwealth that employs firefighters or emergency medical services providers.

"Firefighter" has the same meaning as provided in § 9.1-300.

"Governing body" means any council or commission, whether elected or appointed, of the Commonwealth; any local government; or any other public body that determines the policies for operation of a political subdivision of the Commonwealth.

"Impasse" means a point in time at which the parties involved in collective bargaining do not settle an issue in dispute by way of a written agreement within 30 days after collective bargaining proceedings have been initiated.

"Labor organization" has the same meaning as provided in § 40.1-54.3.

§ 40.1-57.5. Collective bargaining by firefighters and emergency medical services providers.

A. Firefighters and emergency medical services providers employed by a political subdivision of the Commonwealth, through labor organizations or other representatives designated by the majority of such firefighters or emergency medical services providers, shall have the right to (i) collectively bargain with their employers regarding the terms and conditions of employment, including compensation, hours, working conditions, retirement, [ pensions, ] and other benefits, and (ii) adjust or settle their grievances or disputes in accordance with the terms of this article.

B. Employers, firefighters, and emergency medical services providers shall exert every reasonable effort to settle all disputes by engaging in collective bargaining in good faith and entering into settlements by way of written agreements and maintaining such agreements.

C. Collective bargaining shall begin at least six months before the start of the fiscal year of a political subdivision, and any request for arbitration, as provided in § 40.1-57.6, shall be made at least 110 days before the start of such fiscal year.

§ 40.1-57.6. Dispute resolution; board of arbitration; powers.

A. If a dispute arises between an employer and firefighters or emergency medical services providers working for such employer in which the collective bargaining process reaches an impasse, or if the relevant governing body does not approve an agreement reached between such parties within 30 days after such agreement is reached, then either party to such dispute, after written notice to the opposing party specifying the issue or issues in dispute, may request the appointment of a board of arbitration.

B. Each board of arbitration shall consist of three members, of which one member shall be appointed by the employer, one member shall be appointed by the firefighters or emergency medical services providers working for such employer, and one member shall be selected by the other two members. The two members appointed by the employer and by the firefighters or emergency medical services providers working for such employer shall be appointed within five days after the date of the request to appoint such board of arbitration. If, after at least 10 days have passed since the appointment of such two members, the third member has not been selected by such two members, either of the two members may request a nonprofit organization in the field of alternative dispute resolution that administers arbitration proceedings to furnish a list of three members of such organization residing in the Commonwealth. The member appointed by the employer shall eliminate one name from such list within five days after such list is furnished, and the member appointed by the firefighters or emergency medical services providers working for such employer shall eliminate another name from such list within five days after such initial elimination. The individual whose name remains on such list shall be appointed as the third member and shall serve as the chairman of the board of arbitration. The board of arbitration shall commence proceedings within 10 days after the chairman is selected and shall make its determination within 30 days after proceedings commence.

C. Notice by firefighters or emergency medical services providers of a dispute proceeding to a board of arbitration pursuant to this section shall be served upon the head of the relevant governing body.

D. Each board of arbitration shall be authorized to administer oaths and compel the attendance of witnesses and physical evidence by subpoena.

E. The compensation for the member of a board of arbitration appointed by firefighters or emergency medical services providers, if any, shall be paid by such firefighters or emergency medical services providers. The compensation for the remaining members of such board of arbitration shall be paid by the relevant political subdivision.

§ 40.1-57.7. Determinations of board of arbitration.

The determination of the majority of the members of a board of arbitration established pursuant to § 40.1-57.6 shall be final on the issue or issues in dispute and shall be binding on the parties involved. Such determination shall be made in writing and a copy thereof shall be sent to such parties.

2. That nothing in this act shall be construed to supersede any active negotiation or agreement between an employer and employees engaged in a collective bargaining process prior to the effective date of this act.