Code of Virginia

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Code of Virginia
Title 40.1. Labor and Employment
Chapter 4. Labor Unions, Strikes, Etc
3/4/2021

Article 1. In General.

§ 40.1-52. Authority of labor unions to own, encumber and sell real estate.

The trustees of any unincorporated association organized for mutual benefit and chartered as a labor union for the purpose of collective bargaining and other lawful functions of labor unions, as defined by the laws of this Commonwealth, and having a duly authorized charter as a local labor union, from either a state or national labor organization, shall have the right to own, possess, improve, sell or mortgage real estate. Such real estate can be acquired for any lawful purpose whatsoever.

Property acquired by an unincorporated association under the provisions of this section can be sold, mortgaged or the title transferred by such trustees in the same manner and to the same extent as if such trustees were natural persons acting for themselves in their individual capacity, under the laws of this Commonwealth.

The provisions of this section shall apply to any real estate acquired prior to July 1, 1997, by any such unincorporated association, provided such real estate is real estate that could be legally acquired by such unincorporated association, if acquired after such date.

Code 1950, § 40-63; 1966, c. 382; 1970, c. 321; 1997, c. 761.

§ 40.1-53. Preventing persons from pursuing lawful vocations, etc.; illegal picketing; injunction.

No person shall singly or in concert with others interfere or attempt to interfere with another in the exercise of his right to work or to enter upon the performance of any lawful vocation by the use of force, threats of violence or intimidation, or by the use of insulting or threatening language directed toward such person, to induce or attempt to induce him to quit his employment or refrain from seeking employment.

No person shall engage in picketing by force or violence, or picket alone or in concert with others in such manner as to obstruct or interfere with free ingress or egress to and from any premises, or obstruct or interfere with free use of public streets, sidewalks or other public ways.

Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and punished accordingly.

Notwithstanding the punishments herein provided any court of general equity jurisdiction may enjoin picketing prohibited by this section, and in addition thereto, may enjoin any picketing or interference with lawful picketing when necessary to prevent disorder, restrain coercion, protect life or property, or promote the general welfare.

Code 1950, § 40-64; 1952, c. 674; 1970, c. 321; 1974, c. 254.

§ 40.1-54. Payment of certain charges by carriers or shippers to or for benefit of labor organization.

(1) As used in this section, the term "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

(2) It shall be unlawful for any carrier or shipper of property, or any association of such carriers or shippers, to agree to pay, or to pay, to or for the benefit of a labor organization, directly or indirectly, any charge by reason of the placing upon, delivery to, or movement by rail, or by a railroad car, of a motor vehicle, trailer, or container which is also capable of being moved or propelled upon the highways, and any such agreement shall be void and unenforceable.

(3) It shall be unlawful for any labor organization to accept or receive from any carrier or shipper of property, or any association of such carriers or shippers, any payment described above.

(4) Any corporation, association, organization, firm or person who agrees to pay, or who does pay, or who agrees to receive, or who does receive, any payment described hereinabove shall be guilty of a misdemeanor and shall be fined not less than $100 nor more than $1,000 for each offense. Each act of violation, and each day during which such an agreement remains in effect, shall constitute a separate offense.

Code 1950, § 40-64.1; 1962, c. 376; 1970, c. 321.

§ 40.1-54.1. Public policy as to strikes and work stoppages at hospitals.

It is hereby declared to be the public policy of the Commonwealth that hospitals shall be free from strikes, and work stoppages.

Code 1950, § 40-64.2; 1970, c. 720.

§ 40.1-54.2. Strikes and work stoppages at hospitals prohibited; penalty.

No employee of any hospital shall engage in any strike or work stoppage at such hospital which in any way interferes with the operation of such hospital.

Any person violating any of the provisions of this section shall be guilty of a misdemeanor and punished accordingly.

Notwithstanding the penalties herein provided, any court of general equity jurisdiction may enjoin conduct proscribed by this section.

Code 1950, § 40-64.3; 1970, c. 720.

§ 40.1-54.3. Right to vote by secret ballot on labor organization representation.

A. As used in this section, "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

B. In any procedure providing for the designation, selection, or authorization of a labor organization to represent employees, the right of an individual employee to vote by secret ballot in such a procedure is a fundamental right that shall be guaranteed from infringement.

2013, c. 484.