For the first time in history, public employees (including employees of the state and localities, teachers, firefighters, etc.) and home care workers have the right to unionize and collectively bargain. It appears the legislation will also apply to employees of political subdivisions, such as Community Service Boards (CSBs) and Housing Authorities.
- The legislation builds on a 2020 law that lifted Virginia’s blanket ban on public sector collective bargaining by allowing workers to collectively bargain in localities that allowed for such in their regulations or voted to allow.
- The legislation creates the Public Employee Relations Board (PERB). The PERB will determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employees and local government employees. The bill requires public employers and employee organizations that are exclusive bargaining representatives to meet at reasonable times to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment.
- The legislation also establishes the Virginia Home Care Authority (VCCA). The VCCA will serve as the public employer of individual providers for purposes of collective bargaining. The legislation repeals a provision that declares that in any procedure providing for the designation, selection, or authorization of a labor organization to represent employees the right of an individual employee to vote by secret ballot. This will represent a major change in the way private duty and Medicaid personal care providers do business in the future.
SESCO will be monitoring closely what Governor Spanberger does to include the passage of a budget that funds the legislation.
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