Code of Virginia

Code of Virginia
Title 40.1. Labor and Employment
6/28/2017

Article 3. Denial or Abridgement of Right to Work.

§ 40.1-58. Policy of article.

It is hereby declared to be the public policy of Virginia that the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization.

Code 1950, § 40-68; 1970, c. 321.

§ 40.1-58.1. Application of article to public employers and employees.

As used in this article, the words, "person," "persons," "employer," "employees," "union," "labor union," "association," "organization" and "corporation" shall include but not be limited to public employers, public employees and any representative of public employees in this Commonwealth. The application of this article to public employers, public employees and their representatives shall not be construed as modifying in any way the application of § 40.1-55 to government employees.

1973, c. 79.

§ 40.1-59. Agreements or combinations declared unlawful.

Any agreement or combination between any employer and any labor union or labor organization whereby persons not members of such union or organization shall be denied the right to work for the employer, or whereby such membership is made a condition of employment or continuation of employment by such employer, or whereby any such union or organization acquires an employment monopoly in any enterprise, is hereby declared to be against public policy and an illegal combination or conspiracy.

Code 1950, § 40-69; 1970, c. 321.

§ 40.1-60. Employers not to require employees to become or remain members of union.

No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment by such employer.

Code 1950, § 40-70; 1970, c. 321.

§ 40.1-61. Employers not to require abstention from membership or officeholding in union.

No person shall be required by an employer to abstain or refrain from membership in, or holding office in, any labor union or labor organization as a condition of employment or continuation of employment.

Code 1950, § 40-71; 1970, c. 321; 2002, c. 422.

§ 40.1-62. Employer not to require payment of union dues, etc.

No employer shall require any person, as a condition of employment or continuation of employment, to pay any dues, fees or other charges of any kind to any labor union or labor organization.

Code 1950, § 40-72; 1970, c. 321.

§ 40.1-63. Recovery by individual unlawfully denied employment.

Any person who may be denied employment or be deprived of continuation of his employment in violation of §§ 40.1-60, 40.1-61 or § 40.1-62 or of one or more of such sections, shall be entitled to recover from such employer and from any other person, firm, corporation or association acting in concert with him by appropriate action in the courts of this Commonwealth such damages as he may have sustained by reason of such denial or deprivation of employment.

Code 1950, § 40-73; 1970, c. 321.

§ 40.1-64. Application of article to contracts.

The provisions of this article shall not apply to any lawful contract in force on April 30, 1947, but they shall apply in all respects to contracts entered into thereafter and to any renewal or extension of an existing contract.

Code 1950, § 40-74; 1970, c. 321.

§ 40.1-65. Agreement or practice designed to cause employer to violate article declared illegal.

Any agreement, understanding or practice which is designated to cause or require any employer, whether or not a party thereto, to violate any provision of this article is hereby declared to be an illegal agreement, understanding or practice and contrary to public policy.

Code 1950, § 40-74.1; 1954, c. 431; 1970, c. 321.

§ 40.1-66. Conduct causing violation of article illegal; peaceful solicitation to join union.

Any person, firm, association, corporation, or labor union or organization engaged in lockouts, layoffs, boycotts, picketing, work stoppages or other conduct, a purpose of which is to cause, force, persuade or induce any other person, firm, association, corporation or labor union or organization to violate any provision of this article shall be guilty of illegal conduct contrary to public policy; provided that nothing herein contained shall be construed to prevent or make illegal the peaceful and orderly solicitation and persuasion by union members of others to join a union, unaccompanied by any intimidation, use of force, threat of use of force, reprisal or threat of reprisal, and provided that no such solicitation or persuasion shall be conducted so as to interfere with, or interrupt the work of any employee during working hours.

Code 1950, § 40-74.2; 1954, c. 431; 1970, c. 321.

§ 40.1-67. Injunctive relief against violation; recovery of damages.

Any employer, person, firm, association, corporation, labor union or organization injured as a result of any violation or threatened violation of any provision of this article or threatened with any such violation shall be entitled to injunctive relief against any and all violators or persons threatening violation, and also to recover from such violator or violators, or person or persons, any and all damages of any character cognizable at common law resulting from such violations or threatened violations. Such remedies shall be independent of and in addition to the penalties and remedies prescribed in other provisions of this article.

Code 1950, § 40-74.3; 1954, c. 431; 1970, c. 321.

§ 40.1-68. Service of process on clerk of State Corporation Commission as attorney for union.

Any labor union or labor organization doing business in this Commonwealth, all of whose officers and trustees are nonresidents of this Commonwealth, shall by written power of attorney, filed with the Department of Labor and Industry and the State Corporation Commission, appoint the clerk of the State Corporation Commission its attorney or agent upon whom all legal process against the union or organization may be served, and who shall be authorized to enter an appearance on its behalf. The manner of service of process on the clerk of the State Corporation Commission, the mailing thereof to the labor union or organization, the fees therefor, the effect of judgments, decrees and orders, and the procedure in cases where no power of attorney is filed as required, shall be the same as provided for in cases of foreign corporations.

Code 1950, § 40-74.4; 1954, c. 431; 1956, c. 430; 1970, c. 321.

§ 40.1-69. Violation a misdemeanor.

Any violation of any of the provisions of this article by any person, firm, association, corporation, or labor union or organization shall be a misdemeanor.

Code 1950, § 40-74.5; 1954, c. 431; 1970, c. 321; 1973, c. 425.

The chapters of the acts of assembly referenced in the historical citation at the end of these sections may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.

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