{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/40.1-55.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/40.1-55.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/40.1-55.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/40.1-55.html"}],"law_id":363470,"edition_id":2,"section_id":363470,"structure_id":51867,"section_number":"40.1-55","catch_line":"Employee striking terminates, and becomes temporarily ineligible for, public employment","history":"Code 1950, \u00a7 40-65; 1970, c. 321; 2020, cc. 1209, 1276.","full_text":"A\n\nAny 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.\n\nB\n\nThe provisions of subsection A shall apply to 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.\n\n","order_by":null,"text":{"0":{"id":1354561,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1354562,"text":"The provisions of subsection A shall apply to 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":51867,"edition_id":2,"name":"Strikes by Government Employees","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":51865,"metadata":{"child_laws":4,"child_structures":0},"date_created":"2026-08-02 02:50:21","date_modified":"2026-08-02 12:33:24","permalink":{"id":1447407,"object_type":"structure","relational_id":51867,"identifier":"2","token":"40.1\/4\/2","url":"\/40.1\/4\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51865,"edition_id":2,"name":"Labor Unions, Strikes, Etc","identifier":"4","label":"chapter","depth":2,"order_by":7,"parent_id":51843,"metadata":{"child_laws":32,"child_structures":6},"date_created":"2026-08-02 02:50:21","date_modified":"2026-08-02 12:33:24","permalink":{"id":1447379,"object_type":"structure","relational_id":51865,"identifier":"4","token":"40.1\/4","url":"\/40.1\/4\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51843,"edition_id":2,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":89,"parent_id":null,"metadata":{"child_laws":237,"child_structures":28},"date_created":"2026-08-02 02:49:54","date_modified":"2026-08-02 12:33:22","permalink":{"id":1446725,"object_type":"structure","relational_id":51843,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":363470,"structure_id":51867,"section_number":"40.1-55","catch_line":"Employee striking terminates, and becomes temporarily ineligible for, public employment","url":"\/40.1-55\/","token":"40.1\/4\/2\/40.1-55","metadata":false},{"id":363471,"structure_id":51867,"section_number":"40.1-56","catch_line":"Department head, etc., to notify employee of such termination, etc","url":"\/40.1-56\/","token":"40.1\/4\/2\/40.1-56","metadata":false},{"id":363475,"structure_id":51867,"section_number":"40.1-57","catch_line":"Appeal by employee from declaration of ineligibility","url":"\/40.1-57\/","token":"40.1\/4\/2\/40.1-57","metadata":false},{"id":363472,"structure_id":51867,"section_number":"40.1-57.1","catch_line":"Appeal by employer for reemployment of terminated employee","url":"\/40.1-57.1\/","token":"40.1\/4\/2\/40.1-57.1","metadata":false}],"next_section":{"id":363471,"structure_id":51867,"section_number":"40.1-56","catch_line":"Department head, etc., to notify employee of such termination, etc","url":"\/40.1-56\/","token":"40.1\/4\/2\/40.1-56","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-55\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1970, chapter 321; in 2020, chapters 1209<\/a> and 1276<\/a>.<\/p>","references":[{"id":363476,"section_number":"40.1-58.1","catch_line":"Application of article to public employers and employees","order_by":null,"url":"\/40.1-58.1\/"}],"refers_to":[{"id":363473,"section_number":"40.1-57.2","catch_line":"Collective bargaining","order_by":null,"url":"\/40.1-57.2\/"}],"permalink":{"id":1447409,"object_type":"law","relational_id":363470,"identifier":"40.1-55","token":"40.1\/4\/2\/40.1-55","url":"\/40.1-55\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/40.1-55\/","token":"40.1\/4\/2\/40.1-55","dublin_core":{"Title":"Employee striking terminates, and becomes temporarily ineligible for, public employment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-55","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any employee<\/span> 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<\/span>, 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<\/span> or agency of any of them. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of subsection A shall apply to any employee<\/span> of any county, city, or town or local school board<\/span> without regard to any local ordinance<\/span> or resolution adopted pursuant to § 40.1-57.2<\/a> by such county, city, or town or school board<\/span> that authorizes its employees<\/span> to engage in collective bargaining. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMPLOYEE STRIKING TERMINATES, AND BECOMES TEMPORARILY INELIGIBLE FOR, PUBLIC\nEMPLOYMENT (\u00a7 40.1-55)\n\nA. Any employee of the Commonwealth, or of any county, city, town or other\npolitical subdivision thereof, or of any agency of any one of them, who, in\nconcert with two or more other such employees, for the purpose of obstructing,\nimpeding or suspending any activity or operation of his employing agency or any\nother governmental agency, strikes or willfully refuses to perform the duties of\nhis employment shall, by such action, be deemed to have terminated his\nemployment and shall thereafter be ineligible for employment in any position or\ncapacity during the next 12 months by the Commonwealth, or any county, city,\ntown or other political subdivision of the Commonwealth, or by any department or\nagency of any of them.\n\nB. The provisions of subsection A shall apply to any employee of any county,\ncity, or town or local school board without regard to any local ordinance or\nresolution adopted pursuant to § 40.1-57.2 by such county, city, or town or\nschool board that authorizes its employees to engage in collective bargaining.\n\nHISTORY: Code 1950, \u00a7 40-65; 1970, c. 321; 2020, cc. 1209, 1276.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}