Table 2
Key differences between public-sector collective bargaining legislation passed by the Virginia Assembly and the governor’s amended version of the legislation
| Assembly bill | Governor’s bill | |
|---|---|---|
| Scope of bargaining | Bargaining is “required”: Bill language specifies that once workers form a legally certified union, an employer is required to negotiate in good faith about wages and certain other working conditions. | Bargaining is “permitted” but may or may not be required: Topics of bargaining (and whether they are required or merely allowed) are left up to future labor board to determine. New bill language further states topics of bargaining as determined by future labor board shall include wages and hours “where appropriate,” opening door to inconsistent rules covering different groups of workers. |
| Know your rights information and workplace communication | Specifies types of access employers must provide for unionized workers to receive information from their union about workplace rights and contractual protections | Left up to future labor board to determine via regulations |
| Union elections | Specifies detailed rules, timelines, and dispute resolution procedures governing union elections | Detailed rules left up to future labor board to determine via regulations |
| Contract negotiation timelines | Specifies timelines for employers and unions to follow in conducting negotiations to ensure a timely bargaining process | Left up to future labor board to determine via regulations |
| Procedures to resolve impasse in negotiations and reach timely contract settlements | Specifies that if negotiations stall, parties can request mediation and then (if mediation does not result in a settlement) must seek a ruling on unresolved matters from a neutral third-party arbitrator to ensure negotiations result in timely contract settlements | Replaces binding arbitration with “advisory” arbitration (which parties could choose to ignore), eliminating any guarantee that a given round of negotiations will result in a contract settlement |
Source: Author’s analysis of HB 1263 (enrolled version) and governor’s substitute to HB 1263.
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