{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/40.1-57.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/40.1-57.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/40.1-57.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/40.1-57.2.html"}],"law_id":363473,"edition_id":2,"section_id":363473,"structure_id":51868,"section_number":"40.1-57.2","catch_line":"Collective bargaining","history":"1993, cc. 868, 879; 2020, cc. 1209, 1276.","full_text":"A\n\nNo 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 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.\n\nB\n\nNo ordinance or resolution adopted pursuant to subsection A shall include provisions that restrict the governing body’s authority to establish the budget or appropriate funds.\n\nC\n\nFor 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.\n\nD\n\nNotwithstanding the provisions of subsection A regarding a 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.\n\n","order_by":null,"text":{"0":{"id":1354565,"text":"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 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1354566,"text":"No ordinance or resolution adopted pursuant to subsection A shall include provisions that restrict the governing body’s authority to establish the budget or appropriate funds.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1354567,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1354568,"text":"Notwithstanding the provisions of subsection A regarding a 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":51868,"edition_id":2,"name":"Collective Bargaining for Governmental Employees","identifier":"2.1","label":"article","depth":3,"order_by":2,"parent_id":51865,"metadata":{"child_laws":2,"child_structures":0},"date_created":"2026-08-02 02:50:22","date_modified":"2026-08-02 12:33:25","permalink":{"id":1447425,"object_type":"structure","relational_id":51868,"identifier":"2.1","token":"40.1\/4\/2.1","url":"\/40.1\/4\/2.1\/","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":363473,"structure_id":51868,"section_number":"40.1-57.2","catch_line":"Collective bargaining","url":"\/40.1-57.2\/","token":"40.1\/4\/2.1\/40.1-57.2","metadata":false},{"id":363474,"structure_id":51868,"section_number":"40.1-57.3","catch_line":"Certain activities permitted","url":"\/40.1-57.3\/","token":"40.1\/4\/2.1\/40.1-57.3","metadata":false}],"next_section":{"id":363474,"structure_id":51868,"section_number":"40.1-57.3","catch_line":"Certain activities permitted","url":"\/40.1-57.3\/","token":"40.1\/4\/2.1\/40.1-57.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-57.2\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapters 868 and 879 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2020, chapters 1209<\/a> and 1276<\/a>.<\/p>","references":[{"id":363470,"section_number":"40.1-55","catch_line":"Employee striking terminates, and becomes temporarily ineligible for, public employment","order_by":null,"url":"\/40.1-55\/"},{"id":363474,"section_number":"40.1-57.3","catch_line":"Certain activities permitted","order_by":null,"url":"\/40.1-57.3\/"}],"refers_to":false,"permalink":{"id":1447427,"object_type":"law","relational_id":363473,"identifier":"40.1-57.2","token":"40.1\/4\/2.1\/40.1-57.2","url":"\/40.1-57.2\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/40.1-57.2\/","token":"40.1\/4\/2.1\/40.1-57.2","dublin_core":{"Title":"Collective bargaining","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-57.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 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<\/span> association as a bargaining agent of any public officers or employees<\/span>, or to collectively bargain or enter into any collective bargaining contract<\/span> with any such union or association or its agents with respect to any matter relating to them or their employment or service unless, in the case of a county, city, or town<\/span>, such authority is provided for or permitted by a local ordinance<\/span> or by a resolution. Any such ordinance<\/span> 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<\/span>” includes any local school board<\/span>, and “public officers or employees<\/span>” includes employees of a local school board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No ordinance<\/span> or resolution adopted pursuant to subsection A shall include provisions that restrict the governing body’s authority to establish the budget or appropriate funds. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For any governing body of a county, city, or town<\/span> that has not adopted an ordinance<\/span> 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<\/span> 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<\/span> or resolution authorizing collective bargaining. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding the provisions of subsection A regarding a local ordinance<\/span> or resolution granting or permitting collective bargaining, no officer elected pursuant to Article VII, Section 4 of the Constitution of Virginia or any employee<\/span> of such officer is vested with or possesses any authority to recognize any labor union or other employee<\/span> association as a bargaining agent of any public officers or employees<\/span>, or to collectively bargain or enter into any collective bargaining contract<\/span> with any such union or association or its agents, with respect to any matter relating to them or their employment or service. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOLLECTIVE BARGAINING (\u00a7 40.1-57.2)\n\nA. No state, county, city, town, or like governmental officer, agent, or\ngoverning body is vested with or possesses any authority to recognize any labor\nunion or other employee association as a bargaining agent of any public officers\nor employees, or to collectively bargain or enter into any collective bargaining\ncontract with any such union or association or its agents with respect to any\nmatter relating to them or their employment or service unless, in the case of a\ncounty, city, or town, such authority is provided for or permitted by a local\nordinance or by a resolution. Any such ordinance or resolution shall provide for\nprocedures for the certification and decertification of exclusive bargaining\nrepresentatives, including reasonable public notice and opportunity for labor\norganizations to intervene in the process for designating an exclusive\nrepresentative of a bargaining unit. As used in this section, “county,\ncity, or town” includes any local school board, and “public officers\nor employees” includes employees of a local school board.\n\nB. No ordinance or resolution adopted pursuant to subsection A shall include\nprovisions that restrict the governing body’s authority to establish the\nbudget or appropriate funds.\n\nC. For any governing body of a county, city, or town that has not adopted an\nordinance or resolution providing for collective bargaining, such governing body\nshall, within 120 days of receiving certification from a majority of public\nemployees in a unit considered by such employees to be appropriate for the\npurposes of collective bargaining, take a vote to adopt or not adopt an\nordinance or resolution to provide for collective bargaining by such public\nemployees and any other public employees deemed appropriate by the governing\nbody. Nothing in this subsection shall require any governing body to adopt an\nordinance or resolution authorizing collective bargaining.\n\nD. Notwithstanding the provisions of subsection A regarding a local ordinance or\nresolution granting or permitting collective bargaining, no officer elected\npursuant to Article VII, Section 4 of the Constitution of Virginia or any\nemployee of such officer is vested with or possesses any authority to recognize\nany labor union or other employee association as a bargaining agent of any\npublic officers or employees, or to collectively bargain or enter into any\ncollective bargaining contract with any such union or association or its agents,\nwith respect to any matter relating to them or their employment or service.\n\nHISTORY: 1993, cc. 868, 879; 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"}}