Virginia Unions laws & HR compliance analysis

Virginia Unions: What you need to know

The right of workers in private employment to form unions and bargain collectively with their employers is guaranteed by the National Labor Relations Act (NLRA) and related federal laws. Since Virginia has no comprehensive law in this area, the federal protections are the governing law of the state, except for those areas not covered by the NLRA.Following is a discussion of certain provisions of Virginia law in areas not covered by the NLRA.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
One area that has been left to the states is the protection of a worker's right to join or not to join a union. Like many states, Virginia has a law that protects this right. Such laws are commonly known as “right-to-work” laws. The Virginia law bars any contract that requires a worker, as a condition of continued employment, to join a union (VA Code Sec. 40.1-58et seq.). This law also prohibits employers from discharging an employee because he or she has joined a union (Norfolk Airport Authority v. Nordwall, 436 S.E.2d 436 (VA 1993)).
Union dues. Employers are prohibited from requiring employees to pay dues, fees, or other charges of any kind to any labor union or labor organization as a condition of employment or a continuation of employment (VA Code Sec. 40.1-62).
Employers are prohibited from requiring employees to refrain from membership in, or holding office in, any labor union or labor organization as a condition of employment or continuation of employment (VA Code Sec. 40.1-61).
Contracts in which an employee pledges to avoid union membership as a condition of employment (so-called “yellow dog” contracts) are void and against public policy in many states. Virginia law, however, does not ...

Read more about Unions