Code of Virginia

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

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

Article 4. Mediation and Conciliation of Labor Disputes.

§ 40.1-70. Department designated agency to mediate disputes.

The Department is hereby designated as the state agency authorized to mediate and conciliate labor disputes.

Code 1950, § 40-95.1; 1952, c. 697; 1970, c. 321.

§ 40.1-71. Notice of proposed termination or modification of collective bargaining contract; notice prior to work stoppage; injunctions and penalties.

Whenever there is in effect a collective bargaining contract covering employees of any utility engaged in the business of furnishing water, light, heat, gas, electric power, transportation or communication, the utility or the collective bargaining agent recognized by the utility and its employees shall not terminate or modify such contract until the party desiring such termination or modification serves written notice upon the Department of the proposed termination or modification at least thirty days prior to the expiration date thereof or, in the event such contract contains no expiration date, at least thirty days prior to the date it is proposed to make such termination or modification; provided, however, that a party having given notice of modification as provided herein shall not be required to give a notice of termination of the same contract.

Where there is no collective bargaining contract in effect, the utility or its employees shall give at least thirty days' notice to the Department prior to any work stoppage which would affect the operations of the utility engaged in the business of furnishing any of the utilities as described in this section.

If the utility or its employees, or the collective bargaining agent recognized by the utility and its employees, as the case may be, fails to give thirty days' notice as required by this section, the utility or its employees or such collective bargaining agent, as the case may be, may file a bill of complaint with the clerk of the circuit court having equity jurisdiction over the place of employment asking the court to temporarily enjoin such termination, modification or work stoppage until the proper notice has been served and the thirty-day period has been observed. The court shall have the authority to impose against any person who violates the notice provisions of this section a fine of up to $100 for each day such termination, modification or work stoppage continues until proper notice has been served and observed or against the collective bargaining agent the court shall have the authority to impose a fine of up to $1,000 for each day such termination or modification continues until proper notice has been served and observed.

Code 1950, § 40-95.2; 1952, c. 697; 1966, c. 92; 1970, c. 321; 1979, c. 515.

§ 40.1-72. Commissioner to notify Governor of disputes; mediation and conciliation.

Upon receipt of notice of any labor dispute affecting operation of the utility, the Commissioner shall forthwith notify the Governor and inform him of the nature of the dispute. If the Governor deems it necessary the Commissioner, or his designated agent, shall offer to meet and confer with the parties in interest and undertake to mediate and conciliate their differences. If the Governor deems it advisable, it shall be the duty of the utility and its employees, or designated representatives, to meet and confer with the Commissioner or his agent, at a time and place designated by the Commissioner, for the purpose of mediating and conciliating their differences.

Code 1950, § 40-95.3; 1952, c. 697; 1966, c. 92; 1970, c. 321.

§ 40.1-73. Commissioner to keep Governor informed of negotiations, etc.

The Commissioner shall keep the Governor fully informed as to the progress of the negotiations between the utility and its employees and shall report as soon as practical whether in his judgment a strike or lockout appears to be probable in any such dispute or, if a strike or lockout begins, whether continuation thereof is probable.

Code 1950, § 40-95.4; 1952, c. 697; 1970, c. 321.

§ 40.1-74. Right of entry.

In order to carry out the duties imposed by this article, the Commissioner or his designated agent shall have the right to enter upon the property of the utility.

Code 1950, § 40-95.5; 1952, c. 697; 1970, c. 321.

§ 40.1-75. Article not applicable when National Railway Labor Act applies.

Nothing in this article shall apply to any utility to which the National Railway Labor Act is applicable.

Code 1950, § 40-95.6; 1952, c. 697; 1970, c. 321.