Virginia Clarifies Local Government Union Rules
Summary
The Virginia Department of Labor and Industry (DOLI) has adopted a new final regulation, 16VAC15-70, clarifying union rules and employee protections for local government entities. This regulation applies existing state statutes on union elections, membership solicitation, and dues collection to local government employers and employees, effective July 30, 2025.
What changed
The Virginia Department of Labor and Industry (DOLI) has finalized and adopted regulation 16VAC15-70, "Local Government Union Requirements and Employee Protections," effective July 30, 2025. This new rule clarifies that state statutes governing labor union elections, solicitation of union membership, and collection of union dues now apply to local government public employers, employees, and labor organizations, following a 2020 legislative change that permitted local governments to recognize unions via ordinance or resolution.
Local government employers, particularly those currently participating in collective bargaining agreements, should review the new regulation to ensure compliance with state labor laws. DOLI has notified these employers and will be involved in assuring compliance. While no specific compliance deadline is mentioned beyond the effective date, entities should familiarize themselves with the updated requirements to avoid potential violations of labor laws concerning union activities.
What to do next
- Review regulation 16VAC15-70 for compliance with local government union requirements.
- Ensure existing ordinances or resolutions regarding union recognition align with state statutes.
- Update internal policies and procedures related to union elections, membership solicitation, and dues collection for local government employees.
Source document (simplified)
Home Home Local Government Union Requirements and Employee Protections
Local Government Union Requirements and Employee Protections
Effective July 30, 2025, 16VAC15-70, Local Government Union Requirements and Employee Protections, has been adopted as a final regulation. The regulation has been adopted in response to the 2020 legislative change allowing counties, cities, or towns to recognize labor unions pursuant to the adoption of relevant ordinance or resolution. The Virginia Department of Labor and Industry (DOLI) has promulgated this regulation to clarify that the statutes that currently apply to labor union elections, solicitation of union membership, and collection of union dues apply to local government public employers, employees, and labor organizations. The regulation can be reviewed on the Commonwealth Legislative Information System.
DOLI has sent a letter to local government employers currently participating in a collective bargaining agreement advising them of the regulation and the Department’s role in assuring compliance with the law. A copy of the letter can be found here.
About the Agency:
It is the mission of the Virginia Department of Labor and Industry (DOLI) to make Virginia a better place in which to live, work, and conduct business. DOLI’s Labor and Employment Law Division administers and enforces the laws of the Commonwealth that govern employee pay, the employment of children, and certain other statutes that relate to the workplace. Additional information about coverage and requirements under the new regulation can be obtained by contacting the Division at laborlaw@doli.virginia.gov.
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