dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.23. Definitions.
As used in this chapter, which may be cited as the Virginia Asbestos NESHAP Act, the following terms shall have the meanings set forth in this section unless the context requires a different meaning:

"Asbestos" means any material containing more than one percent of asbestos by weight, which is friable or which has a reasonable chance of becoming friable in the course of ordinary or anticipated building use.

"Board" means the Safety and Health Codes Board.

"Commissioner" means the Commissioner of Labor and Industry or his authorized representative.

"Department" means the Department of Labor and Industry.

"National Emissions Standards for Hazardous Air Pollutants" or "NESHAP" means those portions of the regulations contained in 40 CFR Part 61 under the federal Clean Air Act which deal with the demolition and renovation of asbestos facilities. The following list of sections of the CFR are included in the Board's authority but do not limit it: §§ 61.140; 61.141; 61.145; 61.146; 61.148; 61.150, except subsection (a) (4); 61.154, except subsection (d); and 61.156.

"Owner" means any person who owns, leases, operates, controls, or supervises the facility being demolished, renovated, sprayed, or insulated; any person who owns, leases, operates, controls, or supervises the demolition, renovation, spraying, or insulation operation; or both.

1992, c. 541.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.24. Department authorized to enter certain agreements.
The Department is hereby authorized to:

1. Make and enter into all contracts and agreements necessary or incidental to the performance of the Department's duties and the execution of its powers under this chapter including, but not limited to, contracts with the United States, other states, agencies, and governmental subdivisions of the Commonwealth.

2. Accept grants from the United States government, its agencies and instrumentalities, and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary and desirable.

1992, c. 541.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.25. Safety and Health Codes Board to formulate rules, regulations, etc.
A. The Board is authorized to formulate definitions, rules, regulations and standards which shall be designed to ensure the proper demolition and renovation of asbestos facilities and effect compliance with the asbestos NESHAP requirements of the federal Environmental Protection Agency. Such standards shall be at least as stringent as the asbestos regulations passed pursuant to § 112 of the Clean Air Act. The regulations shall not promote or encourage any substantial degradation of present air quality in any air basin or region which has an air quality superior to that stipulated in the regulations of the Department of Air Pollution Control. Any regulations adopted by the Board to have general effect in part or all of the Commonwealth shall be filed in accordance with the Virginia Register Act (§ 2.2-4100 et seq.).

B. The Board in making regulations and in approving variances, and the courts in granting injunctive relief under the provisions of this chapter, shall consider facts and circumstances relevant to the reasonableness of the activity involved and the regulations proposed to control it, including:

1. The character and degree of injury to, or interference with, safety, health, or the reasonable use of property which is caused or threatened to be caused;

2. The social and economic value of the activity involved;

3. The suitability of the activity to the area in which it is located; and

4. The scientific and economic practicality of reducing or eliminating the discharge resulting from such activity.

1992, c. 541.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.26. Commissioner of Labor and Industry to enforce laws.
The Commissioner of Labor and Industry shall have the authority to:

1. Supervise, administer, and enforce the provisions of this chapter and regulations of the Board;

2. Receive complaints as to asbestos NESHAP violations;

3. Hold or cause to be held hearings and enter orders diminishing or abating the causes of air pollution and orders to enforce regulations pursuant to § 40.1-51.28;

4. Institute legal proceedings, including suits for injunctions for the enforcement of his orders, regulations of the Board, and for the enforcement of penalties;

5. Investigate any violations of this chapter and regulations;

6. Require that asbestos NESHAP records and reports be made available upon request, and require owners to develop, maintain, and make available such other records and information as are deemed necessary for the proper enforcement of this chapter and regulation; and

7. Upon presenting appropriate credentials to the owner, operator, or agent in charge:

a. Enter without delay and at reasonable times any business establishment, construction site, or other area, workplace, or environment in this Commonwealth, subject to federal security requirements; and

b. Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, without prior notice, unless such notice is authorized by the Commissioner or his representative, any such business establishment or place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and question privately any such employer, officer, owner, operator, agent, or employee. If such entry or inspection is refused, prohibited, or otherwise interfered with, the Commissioner shall have the power to seek an order compelling such entry or inspection, pursuant to § 40.1-49.9.

1992, c. 541.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.27. Inspections, investigations, etc.
The Commissioner is authorized to make or cause to be made, such investigations and inspections and do such other things as are reasonably necessary to carry out the provisions of this chapter.

1992, c. 541.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.28. Issuance of special orders.
A. The Commissioner shall have the power to issue special orders to:

1. Owners who are permitting or causing asbestos NESHAP violations, to cease and desist from such violation;

2. Owners who have violated or failed to comply with the terms and provisions of any order of the Commissioner, to comply with such terms and provisions;

3. Owners who have contravened duly adopted asbestos NESHAP standards and regulations, to cease such contravention and to comply with air quality standards and policies; and

4. Require any owner to comply with the provisions of this chapter.

B. Such special orders are to be issued only after a hearing with reasonable notice to the affected owners of the time, place and purpose thereof, and they shall become effective not less than five days after service as provided in subsection C. Should the Commissioner find that any such owner is unreasonably affecting the public health, safety or welfare, the health of animal or plant life, or property, after a reasonable attempt to give notice, he shall declare a state of emergency and may issue without a hearing an emergency special order directing the owner to cease such pollution immediately, and shall within ten days hold a hearing, after reasonable notice as to the time and place thereof to the owner to affirm, modify, amend or cancel such emergency special order. If the Commissioner finds that an owner who has been issued a special order or an emergency special order is not complying with the terms thereof, he may proceed in accordance with § 40.1-51.35 or § 40.1-51.39.

C. Any special order issued under the provisions of this section need not be filed with the Secretary of the Commonwealth, but the owner to whom such special order is directed shall be notified by certified mail, return receipt requested, sent to the last known address of such owner, or by personal delivery by an agent of the Commissioner, and the time limits specified shall be counted from the date of receipt.

D. Nothing in this section or in § 40.1-51.26 shall limit the Commissioner's authority to proceed against such owner directly under § 40.1-51.35 or § 40.1-51.39 without the prior issuance of an order, special, or otherwise.

1992, c. 541.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.29. Decision of Commissioner pursuant to hearing.
Any decision by the Commissioner rendered pursuant to hearings under § 40.1-51.28 shall be reduced to writing and shall contain the explicit findings of fact and conclusions of law upon which the decision is based. Certified copies of the written decisions shall be delivered or mailed by certified mail to the parties affected by it. Failure to comply with this section shall render such decision invalid.

1992, c. 541.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.30. Appeal to Board.
Any owner aggrieved by a final decision of the Commissioner under § 40.1-51.28 may file a notice of appeal to the Board within fifteen days. Such notice shall be in writing and addressed to the Commissioner.

1992, c. 541.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.31. Penalties for noncompliance; judicial review.
A. The Board is authorized to promulgate regulations providing for the determination of a formula for the basis of the amount of any noncompliance penalty to be assessed by a court pursuant to subsection B hereof, in conformance with the requirements of § 120 of the federal Clean Air Act, as amended, and any regulations promulgated thereunder. Any regulations promulgated pursuant to this section shall be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

B. Upon a determination of the amount by the Commissioner, the Commissioner shall petition the circuit court of the county or city wherein the owner subject to such noncompliance assessment resides, regularly or systematically conducts affairs or business activities, or where such owner's property affected by the administrative action is located for an order requiring payment of a noncompliance penalty in a sum the court deems appropriate.

C. Any order issued by a court pursuant to this section may be enforced as a judgment of the court. All sums collected, less the assessment and collection costs, shall be paid into the general fund of the state treasury.

D. Any penalty assessed under this section shall be in addition to permits, fees, orders, payments, sanctions, or other requirements under this chapter and shall in no way affect any civil or criminal enforcement proceedings brought under other provisions of this chapter.

1992, c. 541.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.32. Owners to furnish plans, specifications and information.
Every owner which the Commissioner has reason to believe is causing, or may be about to cause, an asbestos NESHAP problem shall on request of the Commissioner furnish such plans, specifications and information as may be required by the Commissioner in the discharge of his duties under this chapter. Any information, except emission data, as to secret processes, formulae or methods of manufacture or production shall not be disclosed in a public hearing and shall be kept confidential. If samples are taken for analysis, a duplicate of the analytical report shall be furnished promptly to the person from whom such sample is requested.

1992, c. 541.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.33. Protection of trade secrets.
Any information, except emissions data, reported to or otherwise obtained by the Commissioner which contains or might reveal a trade secret shall be confidential and shall be limited to those persons who need such information for purposes of enforcement of this chapter or the federal Clean Air Act or regulations and orders of the Commissioner. It shall be the duty of each owner to notify the Commissioner of the existence of trade secrets when he desires the protection provided herein.

1992, c. 541.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.34. Right of entry.
Whenever it is necessary for the purposes of this chapter, the Commissioner may at reasonable times enter any establishment or upon any property, public or private, subject to federal security requirements, to obtain information or conduct surveys or investigations.

1992, c. 541.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.35. Compelling compliance with regulations and orders of Board; penalty for violations.
A. Any owner violating or failing, neglecting or refusing to obey any asbestos NESHAP regulation or order of the Commissioner may be compelled to comply by injunction, mandamus or other appropriate remedy.

B. Without limiting the remedies which may be obtained under this section, any owner violating or failing, neglecting or refusing to obey any Board regulation or order or any provision of this chapter shall be subject, in the discretion of the court, to a civil penalty not to exceed $25,000 for each violation. Each day of violation shall constitute a separate offense. In determining the amount of any civil penalty to be assessed pursuant to this subsection, the court shall consider, in addition to such other factors as it may deem appropriate, the size of the owner's business, the severity of the economic impact of the penalty on the business, and the seriousness of the violation. Such civil penalties shall be paid into the state treasury.

C. With the consent of an owner who has violated or failed, neglected or refused to obey any asbestos NESHAP regulation or order or any provision of this chapter, the Commissioner may provide, in any order issued by the Commissioner against the owner, for the payment of civil charges in specific sums, not to exceed the limit of subsection B. Such civil charges shall be in lieu of any civil penalty which could be imposed under subsection B and shall be paid into the state treasury.

1992, c. 541.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.36. Judicial review of regulations of Board.
The validity of any regulation may be determined through judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

1992, c. 541.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.37. Appeal from decision of Board.
Any owner aggrieved by a final decision of the Board under § 40.1-51.30 or of the Commissioner under subdivision 4 of § 40.1-51.26 is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

1992, c. 541.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.38. Appeal to Court of Appeals.
The Commonwealth or any party aggrieved by any final decision of the judge shall have, regardless of the amount involved, the right to appeal to the Court of Appeals. The procedure shall be the same as that provided by law concerning appeals and supersedeas.

1992, c. 541.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.39. Penalties; chapter not to affect right to relief or to maintain action.
A. Any owner violating any provision of this chapter, Board regulation, or order of the Commissioner shall upon conviction be guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 for each violation within the discretion of the court. Each day of continued violation after conviction shall constitute a separate offense.

B. Nothing in this chapter shall be construed to abridge, limit, impair, create, enlarge or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property.

1992, c. 541.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.40. Duty of attorney for the Commonwealth.
It shall be the duty of every attorney for the Commonwealth to whom the Commissioner has reported any violation of this chapter or any regulation or order of the Board, to cause proceedings to be prosecuted without delay for the fines and penalties in such cases.

1992, c. 541.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3.3 (VIRGINIA ASBESTOS NESHAP ACT)
§ 40.1-51.41. Local ordinances.
A. Existing local ordinances adopted prior to July 1, 1972, shall continue in force; however, in the event of a conflict between a Board regulation, promulgated pursuant to this chapter, and a local ordinance, the Board regulation shall govern, except when the conflicting local ordinance is more stringent.

B. The governing body of any locality proposing to adopt an ordinance, or an amendment to an existing ordinance, relating to areas covered by asbestos NESHAP after June 30, 1972, shall first obtain the approval of the Board as to the provisions of the ordinance or amendment. The Board shall not approve any local ordinance less stringent than the pertinent regulations of the Board.

1992, c. 541.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 40.1-55. Employee striking terminates, and becomes temporarily ineligible for, public employment.
A. Any employee of the Commonwealth, or of any county, city, town or other political subdivision thereof, or of any agency of any one of them, who, in concert with two or more other such employees, for the purpose of obstructing, impeding or suspending any activity or operation of his employing agency or any other governmental agency, strikes or willfully refuses to perform the duties of his employment shall, by such action, be deemed to have terminated his employment and shall thereafter be ineligible for employment in any position or capacity during the next 12 months by the Commonwealth, or any county, city, town or other political subdivision of the Commonwealth, or by any department or agency of any of them.

B. The provisions of subsection A shall apply to any employee of any county, city, or town or local school board without regard to any local ordinance or resolution adopted pursuant to § 40.1-57.2 by such county, city, or town or school board that authorizes its employees to engage in collective bargaining.

Code 1950, § 40-65; 1970, c. 321; 2020, cc. 1209, 1276.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 40.1-56. Department head, etc., to notify employee of such termination, etc.
In any such case the head of any department of the state government, or the mayor of any city or town, or the chairman of the board of supervisors or other governing body of any county, or the head of any other such employing agency, in which such employee was employed, shall forthwith notify such employee of the fact of the termination of his employment and at the same time serve upon him in person or by registered mail a declaration of his ineligibility for reemployment as before provided. Such declaration shall state the fact upon which the asserted ineligibility is based.

Code 1950, § 40-66; 1970, c. 321.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 40.1-57. Appeal by employee from declaration of ineligibility.
In the event that any such employee feels aggrieved by such declaration of ineligibility he may within ninety days after the date thereof appeal to the circuit court of the county or the circuit court of the city in which he was employed by filing a petition therein for a review of the matters of law and fact involved in or pertinent to the declaration of ineligibility. A copy of the petition shall be served upon or sent by registered mail to the official signing the declaration, who may file an answer thereto within ten days after receiving the same. The court or the judge thereof in vacation shall, as promptly as practicable, hear the appeal de novo and notify the employee and the signer of the declaration of ineligibility of the time and place of hearing. The court shall hear such testimony as may be adduced by the respective parties and render judgment in accordance with the law and the evidence. Such judgment shall be final.

Code 1950, § 40-67; 1970, c. 321.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 40.1-57.1. Appeal by employer for reemployment of terminated employee.
Notwithstanding any provision of law to the contrary, in the event that the employer of an individual terminated under this article deems it necessary for the protection of the public welfare that such individual be reemployed within the twelve months following his termination, the employer may, within ninety days after the date of the declaration of ineligibility, appeal to the circuit court of the county or the circuit court of the city in which the individual was employed by filing a petition therein setting forth the reasons why the public welfare requires reemployment. A copy of the petition shall be served upon or sent by registered mail to the former employee, who may file an answer therein ten days after receiving the same. The court or the judge thereof in vacation shall notify the employer and former employee of the time and place of the hearing on the appeal, such hearing to be de novo and to be held as promptly as possible. The court shall hear such testimony as may be adduced by the respective parties and render judgment in accordance with the law and the evidence. Such judgment shall be final.

1972, c. 792.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 40.1-57.2. Collective bargaining.
A. 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.

B. 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.

C. 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.

D. 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.

1993, cc. 868, 879; 2020, cc. 1209, 1276.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 40.1-57.3. Certain activities permitted.
Nothing in this article shall be construed to prevent employees of the Commonwealth, of its political subdivisions, or of any governmental agency of any of them from forming associations for the purpose of promoting their interests before the employing agency and, if they are employees of a county, city, or town or local school board that has, by a local ordinance or resolution as provided in § 40.1-57.2, authorized its employees to engage in collective bargaining, from doing so as provided in such ordinance or resolution.

1993, cc. 868, 879; 2020, cc. 1209, 1276.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 4 (LABOR UNIONS, STRIKES, ETC)
§ 40.1-76. Repealed.
Repealed by Acts 1991, c. 443.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-100.1. Employment where hazard capable of causing serious physical harm or death.
No person shall employ, suffer, or permit a child to work in any gainful occupation that exposes such child to a recognized hazard capable of causing serious physical harm or death to such child. Any person violating this section shall be subject to a civil monetary penalty in accordance with § 40.1-113 of this chapter.

1991, c. 511.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-100.2. Employment involving sexually explicit visual material prohibited.
A person under eighteen years of age shall not perform in or be a subject of sexually explicit visual material. As used in this section, "sexually explicit visual material" means a picture, photograph, drawing, sculpture, motion picture film or similar visual representation which is obscene for children, as defined in § 18.2-374.1, and which depicts nudity, sexual excitement, sexual conduct, sexual intercourse or sadomasochistic abuse, as defined in § 18.2-390, or a book, magazine or pamphlet which contains such a visual representation. An undeveloped photograph or similar visual material may be sexually explicit material notwithstanding that processing or other action is necessary to make its sexually explicit content apparent. A person who employs, permits or suffers a person to be employed or work in violation of this section is guilty of a Class 6 felony.

1991, c. 511.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 5 (CHILD LABOR)
§ 40.1-101. Qualifications as to theaters.
Notwithstanding the provisions of §§ 40.1-100 and 40.1-100.1, a child under sixteen years of age, whether a resident or nonresident of the Commonwealth, may be employed, permitted or suffered to participate in the presentation of a drama, play, performance, concert or entertainment, provided the management of the theater or other public place where such performance is to be held in the Commonwealth shall secure a permit from the Commissioner; provided, that no such permit shall be required for any nonprofit dance or music recital, nor for any television or radio broadcast in which the children participating are selected by the television or radio broadcasting station for sustaining noncommercial programs.

Code 1950, § 40-110; 1960, c. 434; 1970, c. 321; 1973, c. 13; 1979, c. 348; 1991, c. 511.