Virginia 2025 Regular Session

Virginia House Bill HB2764 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		2025 SESSION
2	2
3		-	~~ENROLLED~~
	3	+	HOUSE SUBSTITUTE
4	4
5		-	~~VIRGINIA ACTS OF ASSEMBLY -- CHAPTER~~
	5	+	25108076D
6	6
7		-	An Act to amend and reenact 40.1-55 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 4 of Title 40.1 an article numbered 2.2, consisting of sections numbered 40.1-57.4 through 40.1-57.24; and to repeal 40.1-54.3 and Article 2.1 ( 40.1-57.2 and 40.1-57.3) of Chapter 4 of Title 40.1 of the Code of Virginia, relating to collective bargaining by public employees; exclusive bargaining representatives.
	7	+	HOUSE BILL NO. 2764
8	8
9		-	~~[H 2764]~~
	9	+	AMENDMENT IN THE NATURE OF A SUBSTITUTE
10	10
11		-	Approved
	11	+	(Proposed by the Joint Conference Committee
	12	+
	13	+	on February 22, 2025)
	14	+
	15	+	(Patron Prior to SubstituteDelegate Tran)
	16	+
	17	+	A BILL to amend and reenact 40.1-55 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 4 of Title 40.1 an article numbered 2.2, consisting of sections numbered 40.1-57.4 through 40.1-57.24; and to repeal 40.1-54.3 and Article 2.1 ( 40.1-57.2 and 40.1-57.3) of Chapter 4 of Title 40.1 of the Code of Virginia, relating to collective bargaining by public employees; exclusive bargaining representatives.
12	18
13	19		Be it enacted by the General Assembly of Virginia:
14	20
15	21		1. That 40.1-55 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 4 of Title 40.1 an article numbered 2.2, consisting of sections numbered 40.1-57.4 through 40.1-57.24, as follows:
16	22
17	23		40.1-55. Employee striking terminates, and becomes temporarily ineligible for, public employment.
18	24
19	25		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.
20	26
21	27		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.
22	28
23	29		Article 2.2.
24	30
25	31		Collective Bargaining by Public Employees.
26	32
27	33		40.1-57.4. Definitions.
28	34
29	35		As used in this article, unless the context requires a different meaning:
30	36
31	37		"Arbitration" means the procedure whereby the parties involved in an impasse or grievance dispute submit their differences to a third party for a final and binding decision or as otherwise provided in this article.
32	38
33	39		"Board" means the Public Employee Relations Board established pursuant to 40.1-57.7.
34	40
35	41		"Collective bargaining" or "negotiate" means to perform the mutual obligation of the public employer, by its representatives, and the representatives of its public employees to negotiate in good faith at reasonable times and places with respect to wages, hours, and other terms and conditions of employment and the continuation, modification, or deletion of an existing provision of a collective bargaining agreement, with the intention of reaching an agreement, or to resolve questions arising under the agreement, and includes executing a written contract incorporating the terms of any agreement reached.
36	42
37	43		"Confidential employee" means an employee who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labor-management relations.
38	44
39	45		"Covered program" means a program to provide direct support services funded in whole or in part by the Commonwealth, including consumer-directed care services under the Commonwealth Coordinated Care program and state plan programs or waiver programs established pursuant to home and community-based service waivers authorized under 1115 or 1915(c) of the federal Social Security Act.
40	46
41	47		"Department" means the Department of Medical Assistance Services.
42	48
43	49		"Direct support services" means personal care services that assist participants with instrumental activities of daily living, including grooming, toileting, bathing, eating, dressing, monitoring health status and physical condition, and assisting with housekeeping activities, and other in-home, long-term services and supports provided to an elderly person or person with a disability to meet such person's daily living needs and ensure that such person may adequately function at home and have safe access to the community.
44	50
45	51		"Emergency medical services provider" means an individual who is employed by or a member of an emergency medical services agency that is licensed pursuant to 32.1-111.6. "Emergency medical services provider" does not include (i) the highest-ranking official of a department or agency providing emergency medical services or (ii) an employee one rank below such highest-ranking official.
46	52
47	53		"Employee organization" means an organization in which public employees participate and which exists for the purpose, in whole or in part, of bargaining collectively or dealing with public employers concerning grievances, labor disputes, wages, hours, and other terms and conditions of employment.
48	54
49	55		"Exclusive bargaining representative" or "exclusive representative" means an employee organization (i) certified as the exclusive bargaining representative of a bargaining unit by the Board pursuant to the provisions of this article or (ii) recognized as an exclusive representative by any county, city, town, local school board, or other public employer as of July 1, 2026.
50	56
51	57		"Firefighter" means the same as that term is defined in 9.1-300, except that for the purposes of this article, "firefighter" does not include (i) the chief or highest-ranking official of a fire department or agency or (ii) an employee one rank below such chief or highest-ranking official.
52	58
53	59		"Governing body" means the General Assembly; the Board; any council or commission, whether elected or appointed, of the Commonwealth; any local government or local school board; or any other public body that determines the policies for operation of a political subdivision, public transportation provider, or public institution of higher education of the Commonwealth.
54	60
55	61		"Impasse" means the failure of a public employer and an exclusive bargaining representative to reach agreement in the course of negotiations.
56	62
57	63		"Individual provider" means an individual employed by a participant or the representative of such participant in a covered program to provide direct support services to such participant.
58	64
59	65		"Local government" means:
60	66
61	67		1. Any county, city, or town, as defined in 15.2-102, or other local or regional political subdivision or body politic and corporate, designated as such by the General Assembly;
62	68
63	69		2. Any local public school board or other local education agency or the governing body under any joint agreement of any type formed by two or more school divisions; and
64	70
65	71		3. Any public transportation provider.
66	72
67	73		"Local government employee" means any individual who is employed by a local government, except individuals exempted from the provisions of this article by 40.1-57.6.
68	74
69	75		"Mediation" means assistance by an impartial third party to reconcile an impasse between a public employer and the exclusive bargaining representative regarding wages, hours, and other terms and conditions of employment through interpretation, suggestion, and advice.
70	76
71	77		"Participant" means a person who receives direct support services from an individual provider.
72	78
73	79		"Public employee" means any state employee or local government employee, except individuals exempted from the provisions of this article by 40.1-57.6. "Public employee" includes employees of any public institution of higher education, as that term is defined in 23.1-100, including students employed in any capacity, employees of a local school board, and employees of a public transportation provider.
74	80
75	81		"Public employer" means any state agency, local government, public institution of higher education, as that term is defined in 23.1-100, local school board, or public transportation provider.
76	82
77	83		"Public transportation provider" means:
78	84
79	85		1. A transportation district established pursuant to 33.2-1903;
80	86
81	87		2. A public service corporation as defined in 56-1 that is wholly owned by any county, city, or town or any combination thereof and provides public transportation services; and
82	88
83	89		3. Any other political subdivision comprising any county, city, or town or any combination thereof that provides public transportation services.
84	90
85	91		"State agency" means the Commonwealth or any agency, department, or institution thereof, including any public institution of higher education and any independent political subdivision.
86	92
87	93		"State employee" means any individual who is employed by a state agency, except individuals exempted from the provisions of this article by 40.1-57.6.
88	94
89	95		"Strike" means, in concerted action with others, a public employee's refusal to report to duty, willful absence from his position, or stoppage of work for the purpose of inducing, influencing, or coercing a change in the conditions, compensation, rights, privileges, or obligations of public employment.
90	96
91	97		"Supervisor" means an employee who devotes a majority of his work time to supervisory duties, who customarily and regularly directs the work of two or more other employees, and who has the authority, in the interest of the employer, to hire, promote, or discipline other employees or to recommend such actions effectively, but does not include individuals who perform merely routine, incidental, or clerical duties who occasionally assume supervisory or directory roles or whose duties are substantially similar to those of their subordinates. "Supervisor" does not include (i) lead employees and employees who have authority limited to assigning and directing employees or (ii) in reference to a firefighter, a lieutenant or captain.
92	98
93	99		40.1-57.5. Collective bargaining by public employees.
94	100
95	101		Public employees may:
96	102
97	103		1. Organize, form, join, or assist any employee organization or refrain from any such activity;
98	104
99	105		2. Negotiate collectively through representatives of their own choosing; and
100	106
101	107		3. Engage in other concerted activities for the purposes of collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by this article or any other law of the Commonwealth.
102	108
103	109		40.1-57.6. Exemptions from article.
104	110
105	111		A. The following public employees shall be excluded from the provisions of this article:
106	112
107	113		1. Elected officials, persons appointed to fill vacancies in elected offices, and members of any board or commission;
108	114
109	115		2. Representatives of a public employer, including the administrative officer, director, or chief executive officer of a public employer, or major division thereof, as well as his deputy, first assistant, and any nonbargaining unit supervisory employees, provided, however, that nothing herein shall be construed to prohibit a public employer from bargaining with, and entering into a contract with, a labor organization certified to represent a separate unit composed solely of supervisors;
110	116
111	117		3. Confidential employees;
112	118
113	119		4. Temporary public employees employed for a period of four months or less in any 24-month period;
114	120
115	121		5. Judicial branch employees, including any judge as defined in 51.1-301, referees, receivers, arbiters, masters and commissioners in chancery, commissioners of accounts, and any other persons appointed by any court to exercise judicial functions, and jurors and notaries public;
116	122
117	123		6. Patients and inmates employed, sentenced, or committed to any state or local institution; and
118	124
119	125		7. Employees working for the legislature of the Commonwealth.
120	126
121	127		B. The provisions of this article shall apply to law-enforcement officers, as defined in 9.1-101 as well as any officer elected pursuant to Article VII, Section 4 of the Constitution of Virginia. However, (i) no collective bargaining representative shall represent a law-enforcement officer or constitutional officer in a pending internal investigation involving serious misconduct as defined in statewide professional standards of conduct adopted by the Criminal Justice Services Board, and (ii) no collective bargaining agreement shall limit, alter, or otherwise impact the procedures required by the Law-Enforcement Officers Procedural Guarantee Act ( 9.1-500 et seq.), decertification pursuant to 15.2-1707, or any regulations adopted pursuant to 9.1-102 relating to the statewide professional standards of conduct applicable to certified law-enforcement officers and certified jail officers and procedures for decertification based on serious misconduct in violation of such standards. Additionally, to the extent that any collective bargaining agreement conflicts with any provision of a state or federal law, regulation, or local ordinance, such law, regulation, or ordinance shall control.
122	128
123	129		40.1-57.7. Public Employee Relations Board created; powers.
124	130
125	131		A. Notwithstanding the provisions of 40.1-1, the Public Employee Relations Board is established as an agency, as defined in 2.2-4001, in the executive branch of state government. The Board shall be composed of five members, of which:
126	132
127	133		1. Two members shall be representatives of management interests;
128	134
129	135		2. One member shall be a representative of employee organizations representing state employees or local government employees employed by a county, city, town, or public transportation provider and shall be selected from a list of names submitted by the state labor federation with employee organization affiliates that have been certified as exclusive bargaining representatives for state, county, city, town, or public transportation provider employees;
130	136
131	137		3. One member shall be a representative of employee organizations representing local government employees employed by a local public school board and shall be selected from a list of names submitted by the state education employee organization with local employee organization affiliates that have been certified as exclusive bargaining representatives of public school board employees; and
132	138
133	139		4. One member shall be a representative of the public and shall serve as chair of the Board.
134	140
135	141		The Governor shall make initial appointments to the Board by October 1, 2026. Such appointments shall be subject to confirmation by the General Assembly.
136	142
137	143		B. All members shall be appointed by the Governor for a term of three years or until their successors have been appointed and qualified, except that the initial appointment of one of the members described in subdivision A 1 shall be for a term of one year, the initial appointment of the member described in subdivision A 2 shall be for a term of two years, and the initial appointment of the member described in subdivision A 3 shall be for a term of two years.
138	144
139	145		C. A minimum of three members shall be required to constitute a quorum to conduct official business of the Board in a contested case. In the event that there are three or more vacancies on the Board for a period of 120 days or more, a party to a contested case may remove the case to the circuit court for the locality where the case arose.
140	146
141	147		D. Members of the Board shall receive such compensation for the performance of their duties as provided in 2.2-2813. However, the chair of the Board shall be entitled to such compensation for the performance of his duties as may be provided therefor in the appropriation act. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in 2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of the members shall be provided by the Department.
142	148
143	149		E. The Board shall:
144	150
145	151		1. Administer the provisions of this article;
146	152
147	153		2. Hold hearings and administer oaths, examine witnesses and documents, take testimony and receive evidence, issue subpoenas to compel the attendance of witnesses and the production of records, and delegate such power to a member of the Board, or persons appointed or employed by the Board, including hearing officers, for the performances of its functions. In cases of refusal to obey a subpoena issued by the Board, the circuit court of the locality where the person refusing to obey such subpoena may be found, on application by the Board, may issue an order requiring such person to appear before the Board and to testify and produce evidence ordered relating to the matter under investigation, and any failure to obey such order shall be punished by the court as a contempt thereof; and
148	154
149	155		3. Adopt such regulations and rules as it may deem necessary to carry out the purposes of this article.
150	156
151	157		F. The Board shall have the power to:
152	158
153	159		1. Sue and be sued, implead and be impleaded, and complain and defend in all courts;
154	160
155	161		2. Adopt, use, and alter at will a common seal;
156	162
157	163		3. Make and enter into all contracts and agreements necessary or incidental to the performance of its duties, the furtherance of its purposes, and the execution of its powers under this article;
158	164
159	165		4. Employ, at its discretion, such employees as may be necessary and fix their compensation to be payable from funds made available to the Board. Legal services for the Board shall be provided by the Attorney General in accordance with Chapter 5 ( 2.2-500 et seq.) of Title 2.2;
160	166
161	167		5. Adopt, alter, and repeal bylaws, rules, and regulations governing the manner in which its business shall be transacted and the manner in which the powers of the Board shall be exercised and its duties performed. The Board may delegate or assign any duty or task to be performed by the Board to any officer or employee of the Board. The Board shall remain responsible for the performance of any such duties or tasks. Any delegation pursuant to this subdivision shall, where appropriate, be accompanied by written guidelines for the exercise of the duties or tasks delegated. Where appropriate, the guidelines shall require that the Board receive summaries of actions taken. Such delegation or assignment shall not relieve the Board of the responsibility to ensure faithful performance of the duties and tasks;
162	168
163	169		6. Conduct or engage in any lawful activity, effort, or project consistent with the Board's purposes or necessary or convenient to exercise its powers;
164	170
165	171		7. Develop policies and procedures generally applicable to the procurement of goods, services, and construction, based upon competitive principles;
166	172
167	173		8. Develop policies and procedures consistent with Article 4 ( 2.2-4347 et seq.) of Chapter 43 of Title 2.2;
168	174
169	175		9. Hold and conduct hearings; issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents before the Board or any agent of the Board; and administer oaths and take testimony thereunder. The Board may authorize any Board member or agent of the Board to hold and conduct hearings, issue subpoenas, administer oaths and take testimony thereunder, and issue case decisions, subject to final decision by the Board, on application of any party aggrieved;
170	176
171	177		10. Enter into consent agreements including findings of fact and that may include an admission or a finding of a violation. A consent agreement shall not be considered a case decision of the Board and shall not be subject to judicial review under the provisions of the Administrative Process Act ( 2.2-4000 et seq.), but may be considered by the Board in future proceedings; and
172	178
173	179		11. Do all acts necessary or advisable to carry out the purposes of this article.
174	180
175	181		40.1-57.8. Powers of public employers.
176	182
177	183		Unless limited by the provisions of a collective bargaining agreement or by other statutory provisions, a public employer may:
178	184
179	185		1. Direct the work of, hire, promote, assign, transfer, demote, suspend, discharge, or terminate public employees;
180	186
181	187		2. Determine qualifications for employment and the nature and content of personnel examinations; and
182	188
183	189		3. Take actions as may be necessary to carry out the mission of such public employer in emergencies as defined in 44-146.16.
184	190
185	191		40.1-57.9. Duty to negotiate in good faith.
186	192
187	193		A. A public employer and an employee organization that is the exclusive bargaining representative of such public employer's employees shall meet at reasonable times, including meetings reasonably in advance of such public employer's budget-making process, to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment. A collective bargaining agreement negotiated between such employer and such exclusive bargaining representative shall contain a grievance resolution procedure that shall apply to all employees in the bargaining unit and shall provide for final and binding arbitration of disputes concerning disciplinary and adverse personnel actions and the administration or interpretation of the agreement including questions of eligibility for arbitration. The collective bargaining agreement negotiated between the public employer and the exclusive bargaining representative shall also include a provision for the voluntary payroll deduction of fees and dues to such labor organization with authorization for the payroll deduction of such fees and dues revocable at the option of the public employee in accordance with the terms of the payroll deduction authorization which shall, at a minimum, provide for one opportunity each year to revoke such authorization. Where a public employee is in a bargaining unit represented by an exclusive representative, the public employer of such employee shall honor a payroll deduction authorization for dues and fees paid to such exclusive representative only. Such public employer shall negotiate only with such exclusive bargaining representative on matters contained in this article. Such obligation to negotiate in good faith does not compel either party to agree to a proposal or make a concession.
188	194
189	195		B. A public employer shall honor the terms of employees' authorizations for payroll deductions to an exclusive representative made in any form including those that satisfy the Uniform Electronic Transactions Act ( 59.1-479 et seq.), including electronic authorizations and voice authorizations. Unless an exclusive representative otherwise directs, a public employee's request to cancel or change authorization for payroll deductions shall be directed to such exclusive representative and not to a public employer. An exclusive bargaining representative shall be responsible for processing such requests in accordance with the terms of such authorization. An exclusive representative that certifies that it has and will maintain individual public employees' authorizations shall not be required to provide a copy to a public employer unless a dispute arises about the existence or terms of such authorization. An exclusive representative that is at fault shall indemnify a public employer for any disputed deductions made on behalf of a public employee in reliance on such authorization.
190	196
191	197		C. 1. a. Not later than 10 calendar days after the hire of a public employee, a public employer shall provide the following contact information to such employee's exclusive bargaining representative, in an editable electronic format agreed to by such exclusive bargaining representative: such public employee's name, job title, worksite location, home address, and work telephone number, and any home telephone number, personal cell phone number, work email address, and personal email address on file with such public employer.
192	198
193	199		b. A public employer shall provide an exclusive bargaining representative with a list of all contact information specified in this subsection in an editable electronic format agreed to by such exclusive bargaining representative, for all employees in a bargaining unit, not less than once a month.
194	200
195	201		c. Records of public employee contact information specified in this subsection are not public records under the Virginia Public Records Act ( 42.1-76 et seq.) and shall be exempt from disclosure under the Virginia Freedom of Information Act ( 2.2-3700 et seq.).
196	202
197	203		2. A public employer shall provide an exclusive bargaining representative reasonable access to the public employees that the exclusive bargaining representative represents. Such access includes:
198	204
199	205		a. The right to meet with employees during the work day to discuss and investigate grievances and other workplace issues;
200	206
201	207		b. The right to conduct worksite meetings during meal periods and other breaks, and before and after the workday; and
202	208
203	209		c. The right to address newly hired employees on paid time for no less than 30 minutes during new employee orientations, within 30 days of hire or, if a public employer does not conduct new employee orientations, at individual or group meetings of new employees within 30 days of hire. Attendance at such orientation or meeting shall be mandatory for newly hired employees. Managers, supervisors, and other nonbargaining unit employees shall not attend an exclusive bargaining representative's presentation at such orientation or meeting. A public employer shall give an exclusive bargaining representative not less than 10 days' written notice of such orientation or meeting, except that shorter notice may be provided if there is an urgent need critical to such public employer's operations that was not reasonably foreseeable by such public employer. The structure and manner of such access to new employee meetings or orientations shall be determined through negotiation.
204	210
205	211		3. Exclusive bargaining representatives shall have the right to communicate with bargaining unit members concerning collective bargaining; the administration of collective bargaining agreements, grievances, and other workplace issues; and internal union matters via the employer's email systems or other communication systems commonly used at the workplace.
206	212
207	213		4. The duty to bargain in good faith includes, in the case of a public employer, a duty to furnish data to the exclusive representative that:
208	214
209	215		a. Is normally maintained by the public employer in the regular course of business;
210	216
211	217		b. Is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining or subject to a grievance under a collective bargaining agreement; and
212	218
213	219		c. Does not include an obligation to furnish information that constitutes guidance, advice, counsel, or training provided for nonbargaining unit employees relating to collective bargaining.
214	220
215	221		40.1-57.10. Prohibited conduct.
216	222
217	223		A. No public employer or exclusive bargaining representative shall refuse to negotiate in good faith with respect to the scope of negotiations as set forth in 40.1-57.15.
218	224
219	225		B. No public employer or its designated representative shall:
220	226
221	227		1. Interfere with, restrain, or coerce public employees in the exercise of rights granted by this article;
222	228
223	229		2. Dominate or interfere in the administration of any employee organization;
224	230
225	231		3. Encourage or discourage membership in any employee organization, committee, or association including by discrimination in hiring, tenure, or other terms or conditions of employment;
226	232
227	233		4. Use any public funds or official position to support or oppose an employee organization, except that a public employer may provide routine services, facilities, and paid time for union representatives pursuant to law or to a collective bargaining agreement between such public employer and an exclusive representative;
228	234
229	235		5. Discharge or discriminate against any public employee because such public employee has filed an affidavit, petition, or complaint or given any information or testimony under this article or has formed, joined, or chosen to be represented by any exclusive bargaining representative;
230	236
231	237		6. Refuse to negotiate with representatives of any employee organization that is an exclusive bargaining representative as required in this article;
232	238
233	239		7. Deny the rights accompanying certification as the exclusive representative granted in this article, including by denying a public employee the right to a representative designated by the exclusive representative at any examination of the public employee in connection with an investigation if:
234	240
235	241		a. The public employee reasonably believes that the examination may result in disciplinary action against him; and
236	242
237	243		b. The public employee requests representation;
238	244
239	245		8. Refuse to participate in good faith in any agreed-upon impasse procedures or those set forth in this article;
240	246
241	247		9. Refuse to reduce a collective bargaining agreement to writing and sign such agreement; or
242	248
243	249		10. Disclose to any private entity, other than the exclusive representative, personally identifiable information about public employees within a bargaining unit that is exempt from disclosure, including the contact information specified in 40.1-57.9.
244	250
245	251		C. No employee organization or its agents shall:
246	252
247	253		1. Interfere with, restrain, or coerce a public employee with respect to rights granted in this article or with respect to selecting an exclusive representative;
248	254
249	255		2. Fail to represent an employee who is in a bargaining unit exclusively represented by the employee organization fairly and without discrimination, provided that (i) such failure is willful or deliberate and (ii) an exclusive representative may require a public employee who is not a dues-paying member to pay for the reasonable costs and fees of handling a grievance. Failure to pay costs and fees shall relieve the exclusive representative of further responsibility to the non-member regarding the grievance;
250	256
251	257		3. Refuse to negotiate with the public employer as required in this article;
252	258
253	259		4. Refuse to participate in good faith in any agreed-upon impasse procedures or procedures set forth in this article; or
254	260
255	261		5. Violate the impasse provisions of this article, which are hereby made applicable to public employers, public employees, and exclusive representatives.
256	262
257	263		40.1-57.11. Board procedures.
258	264
259	265		A. Proceedings against a party alleging a violation of 40.1-57.10 shall be commenced by filing a charge with the Board within six months of the alleged violation, or acquiring knowledge thereof, and causing a copy of the charge to be served upon the accused party in the manner of an original notice as provided in 40.1-57.21. The accused party shall have 10 days within which to file a written answer to the charge. The Board may conduct a preliminary investigation of the alleged violation, and if the Board determines that the charge has no legal or factual basis, it may dismiss the charge. If it does not dismiss the charge, the Board shall promptly thereafter set a time and place for a hearing in the locality where the alleged violation occurred or in the locality where the Board maintains its principal office. The parties shall be permitted to be represented by counsel or other designated representative, summon witnesses, and request the Board to subpoena witnesses and the production of records on the requester's behalf. Compliance with the technical rules of pleading and evidence shall not be required.
260	266
261	267		B. The Board may designate a hearing officer to conduct any hearing. The hearing officer shall have such powers as may be exercised by the Board for conducting the hearing and shall follow the procedures adopted by the Board for conducting the hearing. The decision of the hearing officer may be appealed to the Board and the Board may hear the case de novo or upon the record as submitted before the hearing officer.
262	268
263	269		C. The Board shall provide for an official written transcript to report the proceedings and the Board shall affix the reasonable amount of compensation for such service, and such amount shall be taxed as other costs.
264	270
265	271		D. The Board shall file its findings of fact and conclusions of law. If the Board finds that the party accused has violated any provision of this article, the Board may issue an order directing the party to cease and desist engaging in violation and may order such other affirmative relief as is necessary to remedy the violation. The Board may petition the circuit court for the locality in which the Board maintains its principal office, the locality in which the public employer maintains its principal office, or the locality in which the charge arose for enforcement of its orders.
266	272
267	273		E. Any party aggrieved by any decision or order of the Board may, within 21 days from the date such decision or order is filed, appeal to the circuit court for the locality in which the Board maintains its principal office, the locality in which the public employer maintains its principal office, or the locality in which the charge arose to obtain judicial review of an order of the Board entered under this article. The Board and all parties of record in the proceedings before the Board shall be named as parties to the appeal. In any judicial review proceeding, the employee organization may sue or be sued as an entity and on behalf of the employees whom it represents. The service of legal process, summons, or subpoena upon an officer or agent of the employee organization in his capacity as such shall constitute service upon such employee organization.
268	274
269	275		F. Within 30 days after a notice of appeal is filed with the Board, it shall make, certify, and file with the clerk of the court to which the appeal is taken a full and complete transcript of all documents in the case, including any depositions and a transcript or certificate of the evidence together with the notice of appeal.
270	276
271	277		G. The transcript as certified and filed by the Board shall be the record on which the appeal shall be heard, and no additional evidence shall be heard. In the absence of fraud, the findings of fact made by the Board shall be conclusive if supported by substantial evidence on the record considered as a whole.
272	278
273	279		H. Any order or decision of the Board may be modified, reversed, or set aside on one or more of the following grounds:
274	280
275	281		1. If the Board acts without or in excess of its power;
276	282
277	283		2. If the order or decision was procured by fraud or is contrary to law;
278	284
279	285		3. If the facts found by the Board do not support the order or decision; or
280	286
281	287		4. If the order or decision is not supported by substantial evidence on the record considered as a whole.
282	288
283	289		I. If a circuit court, on appeal, reverses or sets aside an order or decision of the Board, the court may remand the case to the Board for further proceedings in harmony with the holdings of the court, or it may enter the proper judgment, as the case may be. Such judgment or decree shall have the same force and effect as if action had been originally brought and tried in such court. The assessment of costs in such appeals shall be at the discretion of the court.
284	290
285	291		40.1-57.12. Determination of appropriate bargaining unit.
286	292
287	293		A. Any determination by the Board of an appropriate bargaining unit shall be made upon the filing of a petition by an employee organization or in accordance with this section. Any disputes about the placement of employees in bargaining units established in subsection C or D shall be resolved by the Board.
288	294
289	295		B. When a determination of an appropriate unit is necessary, within 30 days of receipt of a petition, the Board shall conduct a public hearing, receive written or oral testimony, and promptly thereafter file an order defining the appropriate bargaining unit. In defining such unit, the Board shall take into consideration, along with other relevant factors, (i) the desires of the employees involved; (ii) the community of interest, including such factors as the similarity of duties, skills, and working conditions of the employees involved; (iii) wages, hours, and other working conditions of the employees involved; (iv) the efficiency of operations of the public employer; (v) the administrative structure of the public employer; (vi) the recommendation of the parties; and (vii) the history of collective bargaining in other public sector jurisdictions. Nothing herein shall prohibit the petitioning employee organization and the public employer from entering into a consent agreement on the appropriate unit in lieu of a hearing.
290	296
291	297		C. Bargaining units of state employees shall include employees in broad classification categories across the various agencies and departments of the executive branch. There shall be bargaining units for each of the following:
292	298
293	299		1. Administrative services;
294	300
295	301		2. Education and media services;
296	302
297	303		3. Engineering and technology;
298	304
299	305		4. Health and human services counseling services and health care compliance;
300	306
301	307		5. Health and human services direct services;
302	308
303	309		6. Health and human services health care technology, rehabilitation therapies, pharmaceutical services, and nurse and physician assistant services;
304	310
305	311		7. Health and human services physician services, psychological services, and dental services;
306	312
307	313		8. Natural resources and applied science;
308	314
309	315		9. Security guards and protective services;
310	316
311	317		10. Corrections;
312	318
313	319		11. Juvenile justice;
314	320
315	321		12. Probation and parole;
316	322
317	323		13. Law enforcement;
318	324
319	325		14. Firefighters;
320	326
321	327		15. Other public safety services not described in another subdivision of this subsection;
322	328
323	329		16. Trades and operations; and
324	330
325	331		17. Individual providers.
326	332
327	333		D. For public school board employees, there shall be the following bargaining units:
328	334
329	335		1. Administrative personnel, including principals, assistant principals, and school board employees required by the Virginia Department of Education or school board job description to have an endorsement pursuant to 8VAC20-23-620;
330	336
331	337		2. Licensed personnel, including administrative school board employees whose position requires a license from the Virginia Board of Education or Virginia Department of Health Professions and all school board employees who as a core job function provide instructional support to students and are required by their job description to have a postsecondary degree and state or national-level certification;
332	338
333	339		3. Supervisors, as defined in 40.1-57.4 and excluding school board employees included in the bargaining unit for administrative personnel; and
334	340
335	341		4. Education support personnel, including all other school board employees who support division operations, administration, or education programs.
336	342
337	343		E. Each state-controlled enterprise, independent political subdivision, authority, or agency employing public employees not covered by the Virginia Personnel Act ( 2.2-2900 et seq.) shall have separate bargaining units of such employees as determined by the Board.
338	344
339	345		F. Each public institution of higher education, the Virginia Community College System, the University of Virginia Medical Center, and the Virginia Commonwealth University Health System Authority shall have separate bargaining units as determined by the Board, and employees of such bargaining units shall not be included with employees in any bargaining unit described in subsection C.
340	346
341	347		G. Upon request of the exclusive representative involved, there shall be bargaining for state employees by a coalition of all or some exclusive representatives, irrespective of a bargaining unit of state employees described in subsection C, concerning wages, fringe benefits, and those matters that have applicability to more than one bargaining unit of state employees. Upon request of the exclusive representative, there shall be supplementary bargaining on behalf of public employees in a bargaining unit or part of a bargaining unit concerning matters uniquely affecting those public employees, or consolidated bargaining between two or more bargaining units concerning matters affecting those public employees.
342	348
343	349		40.1-57.13. Certification and decertification of exclusive bargaining representatives; representation elections.
344	350
345	351		A. Board certification of an employee organization as the exclusive bargaining representative of a bargaining unit shall be upon a petition filed with the Board by a public employee or an employee organization and an election pursuant to 40.1-57.14 or upon administratively acceptable evidence that a majority of bargaining unit employees authorized an employee organization to represent them for the purposes of collective bargaining.
346	352
347	353		B. A petition of an employee organization for a representation election shall be accompanied by administratively acceptable evidence that 30 percent of the public employees in an appropriate bargaining unit are members of the employee organization or have authorized it to represent them for the purposes of collective bargaining. A petition by an employee organization for certification without an election shall be accompanied by administratively acceptable evidence alleging that a majority of the public employees in an appropriate bargaining unit are members of the employee organization or have authorized it to represent them for the purposes of collective bargaining. Upon validating the evidence that a majority of the public employees in a bargaining unit are members of the employee organization or have authorized it to represent them for the purposes of collective bargaining, the Board shall certify the employee organization as the exclusive bargaining representative of the bargaining unit, provided that no other employee organization submits evidence that at least 30 percent of the public employees in the appropriate unit support representation for purposes of collective bargaining by such other employee organization within 21 days of notification by the Board that it has received the petition as provided in subsection D. In such a case, the Board shall conduct a secret ballot election between such employee organizations to determine whether a majority of the public employees in the appropriate bargaining unit wish to be represented by any such employee organization.
348	354
349	355		C. For the purpose of decertification, the petition of a public employee or employee organization shall allege that an employee organization that has been certified or recognized as the exclusive bargaining representative of an appropriate unit does not represent a majority of such public employees and that the petitioners do not want to be represented by an employee organization or seek certification of a different employee organization. Such petition shall be accompanied by administratively acceptable evidence that 50 percent of such employees do not want to be represented by the exclusive representative employee organization or seek certification of a different employee organization. Upon validation of the 50 percent showing of interest, the Board shall conduct a secret ballot election in accordance with this article.
350	356
351	357		D. The Board shall investigate the allegations of any petition and shall give reasonable notice of the receipt of such petition to all public employees, employee organizations, and public employers named or described in such petitions or interested in the representation question. When necessary, the Board shall call an election under 40.1-57.14 within 30 days of receipt of a petition unless it finds that less than 30 percent of the public employees in the unit appropriate for collective bargaining support the petition for certification, or it finds that less than 50 percent of employees in the unit appropriate for collective bargaining support the petition for decertification, or the appropriate bargaining unit has not been determined pursuant to 40.1-57.12.
352	358
353	359		E. For purposes of this article, administratively acceptable evidence to support a petition for certification without election, for a certification through a representation election, or for a decertification election may consist of a combination of membership cards, evidence of dues payment, petitions to be represented by a bargaining representative, or other evidence of a public employee's desire to be represented by an employee organization for the purposes of collective bargaining, including evidence that satisfies the Uniform Electronic Transactions Act ( 59.1-479 et seq.), electronic authorizations, and voice authorizations. The determination by the Board of the sufficiency of a showing of majority support or sufficiency of support for a representation election shall not be subject to challenge by any person, employee organization, or public employer.
354	360
355	361		F. The hearing and appeal procedures shall be the same as provided for in 40.1-57.11.
356	362
357	363		40.1-57.14. Elections.
358	364
359	365		A. Whenever a petition for an election is filed by an employee or employee organization containing the signatures of at least 30 percent of the public employees in an appropriate bargaining unit, or in the case of decertification, the signatures of at least 50 percent of such public employees, the Board shall conduct a secret ballot representation election to determine whether the public employees in the appropriate bargaining unit wish to be represented by an exclusive bargaining representative. The ballot shall contain the names of the petitioning employee organization, any employee organization submitting within 21 days of the initial petition evidence that at least 30 percent of the public employees in the appropriate bargaining unit support representation for purposes of collective bargaining by that employee organization, and any incumbent labor organization. The ballot shall also contain an option of no representation.
360	366
361	367		B. If none of the choices on the ballot receives the vote of a majority of the public employees voting, the Board shall, within 30 days, conduct a runoff election between the two choices receiving the greatest number of votes.
362	368
363	369		C. Upon written objections filed by any party to the election within 10 days after notice of the results of the election, if the Board finds that misconduct or other circumstances prevented the public employees eligible to vote from freely expressing their preferences, the Board may invalidate the election and hold a second or subsequent election for the public employees.
364	370
365	371		D. Upon completion of a valid election in which the majority choice of the bargaining unit employees voting is determined, the Board shall certify the results of the election and shall give reasonable notice to all employee organizations listed on the ballot, the public employers, and the public employees in the appropriate bargaining unit. An employee organization that is the majority choice of the bargaining unit employees voting in a valid election under this section shall be certified by the Board as the exclusive bargaining representative for the bargaining unit employees.
366	372
367	373		E. A petition for decertification or certification of an exclusive bargaining representative shall not be considered by the Board for a period of one year from the date of the certification or noncertification of an exclusive bargaining representative or during the duration of a collective bargaining agreement not to exceed three years. A petition for decertification shall not be considered during the duration of a collective bargaining agreement unless the collective bargaining agreement has been in effect for more than three years or the petition for decertification is filed not more than 210 days and not less than 180 days prior to the expiration of the collective bargaining agreement.
368	374
369	375		F. An exclusive representative recognized or certified in accordance with an ordinance or resolution adopted by any county, city, town, local school board, or other unit of government shall be deemed certified by the Board and subject to the terms of this article.
370	376
371	377		40.1-57.15. Duties of exclusive bargaining representative.
372	378
373	379		A. An employee organization certified as a bargaining representative shall be the exclusive representative of all public employees in the bargaining unit and shall represent all public employees fairly, provided that an exclusive representative may require a public employee who is not a dues-paying member to pay for the reasonable costs and fees of handling a grievance. The exclusive representative may require a non-member to pay any anticipated proportional costs and fees prior to a grievance or arbitration hearing. Failure to pay costs and fees shall relieve the exclusive representative of further responsibility to the non-member regarding the matter. Any individual public employee shall have the right at any time to present a grievance specific to that employee to their public employer and to have such grievance adjusted without the intervention of the exclusive bargaining representative so long as (i) the adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect and (ii) the exclusive bargaining representative has been given the opportunity to be present and participate during the grievance process and at such adjustment. The right to self-representation does not include the right to present a grievance to arbitration.
374	380
375	381		B. The employee organization that is an exclusive bargaining representative and the public employer may designate any individual or individuals as its representatives to engage in collective bargaining negotiations.
376	382
377	383		C. The scope of collective bargaining between a local government and an exclusive bargaining representative of local employees shall include wages, hours, and other terms and conditions of employment, and the duty to bargain includes matters described in Chapter 15 ( 15.2-1500 et seq.) of Title 15.2; however, benefits provided under Title 51.1 and Title 65.2 shall not be subject to bargaining. To the extent that an agreement is inconsistent with the terms of Chapter 15 of Title 15.2, the terms of the agreement shall prevail. The chief executive officer of a local government shall appoint its representative in collective bargaining.
378	384
379	385		D. The scope of collective bargaining between a state agency and an exclusive bargaining representative of state employees shall include wages, hours, and other terms and conditions of employment and shall specifically include matters within the administrative discretion of the Director of the Department of Human Resource Management or appointing authorities; however, benefits provided under Title 51.1 and Title 65.2 shall not be subject to bargaining. A collective bargaining agreement may not be inconsistent with the provisions of Chapter 28 ( 2.2-2800 et seq.) of Title 2.2, provided that all matters relating to wages, salaries, health benefit plans, and employee and employer contributions to such plans shall be a mandatory subject of collective bargaining and enforceable in any collective bargaining agreement notwithstanding any other provision of law. The Governor shall appoint the state agency's representative in collective bargaining.
380	386
381	387		E. Negotiating sessions, including strategy meetings of public employers or exclusive bargaining representatives, mediation, and the deliberative process of arbitrators shall be exempt from the provisions of 2.2-3707.
382	388
383	389		40.1-57.16. Negotiation and impasse procedures.
384	390
385	391		A. Except (i) as otherwise agreed by the parties to the negotiations or (ii) in the case of a dispute between an exclusive representative of employees that are firefighters or emergency medical services providers and the public employers of such employees, which dispute shall be resolved according to the provisions of 40.1-57.24, each state agency and exclusive representative of state employees shall comply with the following negotiation and impasse procedures:
386	392
387	393		1. A request for negotiations shall be filed in writing by the exclusive representative to the Commonwealth no later than June 1 of odd-numbered years for collective bargaining agreements that are to become effective on July 1 of the following year;
388	394
389	395		2. Negotiations shall begin no later than July 1 in the year the request was filed;
390	396
391	397		3. If an impasse occurs during negotiations, or if no agreement is reached by the parties by October 1 in the year the request was filed, either party may submit a request for mediation to the Board. The parties involved shall mutually agree upon a mediator or request the Board to appoint an impartial mediator;
392	398
393	399		4. The mediator shall provide services to the parties until the parties reach agreement, the mediator believes that mediation services are no longer helpful, or October 10, whichever occurs first. If the mediator determines that mediation services are no longer helpful or if the October 10 deadline occurs, the parties shall jointly submit the unresolved issues to final and binding arbitration. The parties shall jointly select an arbitrator or, if they are unable to agree on an arbitrator, they shall request a list of seven arbitrators from the Federal Mediation and Conciliation Service or the American Arbitration Association. Each party in turn shall strike a name from the list until only one name remains. Negotiations may continue throughout the impasse procedures;
394	400
395	401		5. Each party shall submit a final offer on each separate item remaining at impasse to the arbitrator and the other party within 10 days after selection of the arbitrator. The arbitrator shall determine that either the final offer of the employer or the final offer of the employee organization on each separate issue shall be incorporated into the final collective bargaining agreement; however, the arbitrator shall not amend the offer of either party on any issue;
396	402
397	403		6. The arbitrator shall (i) begin hearings no later than November 20 in accordance with procedures prescribed by the Board and (ii) render a decision in writing no later than December 15;
398	404
399	405		7. Negotiations following the initial certification of an employee organization as an exclusive representative of state employees shall convene within 30 days of the request of either party. Either party may invoke arbitration in accordance with the provisions of subdivisions 4, 5, and 6 any time at least 90 days after the first negotiation session. Matters not requiring the approval of the General Assembly shall take effect in accordance with the terms of the agreement or award of an arbitrator. Matters requiring the approval of the General Assembly shall take effect in accordance with 40.1-57.17. Initial agreements shall expire on June 30 of the next even-numbered year; and
400	406
401	407		8. All time limits in this subsection may be extended by mutual agreement of the parties.
402	408
403	409		B. A request for negotiations shall be filed in writing by an exclusive representative of employees of a local government in a timely fashion reasonably in advance of the local government's budget-making process or in accordance with any collective bargaining agreement in effect.
404	410
405	411		C. A local government and the exclusive representative may enter into a written agreement setting forth an impasse resolution procedure. The procedure shall culminate with binding arbitration.
406	412
407	413		D. If local government and the exclusive representative have not agreed to an impasse resolution procedure, negotiation impasses shall be subject to the following procedures:
408	414
409	415		1. At the request of either party, the parties shall enter into mediation. The parties involved shall mutually agree upon a mediator or request the Board to appoint an impartial mediator.
410	416
411	417		2. At the request of either party, all impasses not resolved through mediation, or if the parties do not agree to mediation, the issues subject to impasse, shall be submitted to final and binding arbitration. The parties shall jointly select an arbitrator or, if they are unable to agree on an arbitrator, they shall request a list of seven arbitrators from the Federal Mediation and Conciliation Service or American Arbitration Association. Each party in turn shall strike a name from the list until only one name remains. Negotiations may continue throughout the impasse procedures.
412	418
413	419		E. In making any decision under the impasse procedures authorized by this article for any public employer, a mediator or arbitrator shall give weight to the following factors:
414	420
415	421		1. The lawful authority of the public employer;
416	422
417	423		2. Stipulations of the parties;
418	424
419	425		3. The interests and welfare of the public;
420	426
421	427		4. The financial ability of the employer to meet the costs of any items to be included in the contract;
422	428
423	429		5. Comparison of wages, hours, and terms and conditions of employment of the employees involved in the arbitration proceedings with the wages, hours, and terms and conditions of employment of other persons performing similar services in the public and private sectors;
424	430
425	431		6. The average consumer prices for goods and services, commonly known as the cost of living;
426	432
427	433		7. The overall compensation presently received by the employees involved in the arbitration, including wages, insurance benefits, vacations, holidays, and similar benefits;
428	434
429	435		8. Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings; and
430	436
431	437		9. Such other factors that are normally or traditionally taken into consideration in the determination of wages, hours, and terms and conditions of employment through voluntary collective bargaining, mediation, fact finding, arbitration, or otherwise between the parties, in public service or in private employment.
432	438
433	439		F. The expenses of the mediation and arbitration shall be borne equally by the parties.
434	440
435	441		40.1-57.17. Funding for agreement implementation.
436	442
437	443		A. After a negotiated agreement has been agreed to by both parties, or a final and binding arbitration decision has been rendered in accordance with 40.1-57.16, the chief executive of the public employer shall submit to the relevant governing body a request for funds necessary to implement the agreement and for approval of any other matter requiring the approval of the governing body within five days after (i) the date on which the parties finalize the agreement or (ii) the date on which the arbitration decision is issued, unless otherwise specified in this section. If the governing body is not in session at the time, then the submission shall be within five days after it next convenes.
438	444
439	445		B. The governing body shall approve or reject the submission as a whole.
440	446
441	447		C. If the governing body rejects the submission of the public employer, either party may reopen negotiations.
442	448
443	449		D. The parties shall specify that those provisions of the agreement not requiring action by a governing body shall be effective and operative in accordance with the terms of the agreement.
444	450
445	451		E. Upon the expiration of an agreement, the terms of such agreement shall remain in effect until superseded by a new agreement.
446	452
447	453		40.1-57.18. Judicial review.
448	454
449	455		The circuit court for the locality in which a dispute arose or in which a majority of the affected employees reside may review an award of the arbitrator or an award of an arbitrator in a grievance arbitration, when (i) such arbitrator was without or exceeded his jurisdiction; (ii) the order is not supported by competent, material, and substantial evidence on the whole record; or (iii) the order was procured by fraud, collusion, or other similar and unlawful means. The pendency of a proceeding for review shall not automatically stay the order of an arbitrator.
450	456
451	457		40.1-57.19. Strikes; lock-outs.
452	458
453	459		A. In accordance with the provisions of 40.1-55, any public employee 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.
454	460
455	461		B. A public employer shall not lock out employees in the event of a dispute with an employee organization.
456	462
457	463		40.1-57.20. Civil procedures; personal liability.
458	464
459	465		A. Any employee organization or public employer may sue or be sued as an entity under the provisions of this article. Service upon a public employer or upon an exclusive bargaining representative shall be made pursuant to Title 8.01.
460	466
461	467		B. Nothing in this article shall be construed to make any individual or his assets liable for any judgment against a public employer or an exclusive bargaining representative.
462	468
463	469		40.1-57.21. Delivery of notices.
464	470
465	471		Any notice required under the provisions of this article shall be in writing, but service thereof shall be sufficient if mailed by restricted certified mail, return receipt requested, addressed to the last-known address of the parties, unless otherwise provided in this article or by the rules of the Board, which shall provide for the electronic service of documents. Refusal of restricted certified mail by any party shall be considered service. Prescribed time periods shall commence from the date of the receipt of the notice. Any party may at any time execute and deliver an acceptance of service in lieu of a mailed notice.
466	472
467	473		40.1-57.22. Employee associations permitted.
468	474
469	475		Nothing in this article shall be construed to limit any person's right to freedom of speech, to association, or to petition or seek redress from the government.
470	476
471	477		40.1-57.23. Individual providers.
472	478
473	479		A. For the purposes of this article, an individual provider shall be considered a public employee, and the Department of Medical Assistance Services shall be considered the public employer of individual providers, except as otherwise provided in this section. The scope of collective bargaining between individual providers and the Department shall include wages, benefits, and all terms and conditions of employment that are within the Department's control, including any adverse action impacting such terms and conditions of employment, but shall not extend to those rights reserved to participants and participants' representatives pursuant to subsection C.
474	480
475	481		B. Any exclusive bargaining representative of individual providers shall be selected by and shall represent all individual providers in the Commonwealth, including individual providers who are related to a participant or participant's representative.
476	482
477	483		C. Participants or participants' representatives retain the rights to select, hire, direct, supervise, and terminate the services of any individual provider providing direct support services for the participant. Nothing in this article shall be construed to alter such rights. No provision of any agreement reached between any exclusive bargaining representative of individual providers and the Department shall interfere with such rights.
478	484
479	485		D. Nothing in this article shall be construed to classify individual providers as employees of the Commonwealth for purposes of eligibility for state retirement programs or health care benefits. The Commonwealth shall not be liable for any act or omission by an individual provider.
480	486
481	487		40.1-57.24. Firefighters and emergency medical services providers; arbitration process.
482	488
483	489		A. Notwithstanding the provisions of 40.1-57.16, if a dispute arises between an exclusive representative of employees that are firefighters or emergency medical services providers and the public employer of such employees in which the collective bargaining process reaches an impasse, or if the relevant governing body does not approve an agreement reached between such parties within 30 days after such agreement is reached, then either party to such dispute, after written notice to the opposing party specifying the issue or issues in dispute, may request the appointment of a board of arbitration.
484	490
485	491		B. Each board of arbitration shall consist of three members, of which one member shall be appointed by the public employer, one member shall be appointed by the exclusive representative of such public employer's employees, and one member shall be selected by the other two members. The two members appointed by the public employer and by the exclusive representative shall be appointed within five days after the date of the request to appoint such board of arbitration. If, after at least 10 days have passed since the appointment of such two members, the third member has not been selected by such two members, either of the two members may request a nonprofit organization in the field of alternative dispute resolution that administers arbitration proceedings to furnish a list of three members of such organization residing in the Commonwealth or within 250 miles of the public employer. The member appointed by the public employer shall eliminate one name from such list within five days after such list is furnished, and the member appointed by the exclusive representative shall eliminate another name from such list within five days after such initial elimination. The individual whose name remains on such list shall be appointed as the third member and shall serve as the chairman of the board of arbitration. The board of arbitration shall commence proceedings within 10 days after the chairman is selected and shall make its determination within 30 days after proceedings commence.
486	492
487	493		C. Notice by an exclusive representative of a dispute proceeding to a board of arbitration pursuant to this section shall be served upon the head of the relevant governing body.
488	494
489	495		D. Each board of arbitration shall be authorized to administer oaths and compel the attendance of witnesses and physical evidence by subpoena.
490	496
491	497		E. The compensation for the member of a board of arbitration appointed by an exclusive representative or a public employer shall be paid by the party that appointed such member. The compensation for the remaining member of such board of arbitration, as well as all stenographic and other expenses incurred by such board of arbitration in connection with arbitration proceedings, shall be paid equally by the two parties to the dispute.
492	498
493	499		F. The determination of the majority of the members of a board of arbitration established pursuant to this section shall be final on the issue or issues in dispute and shall be binding on the parties involved. Such determination shall be made in writing, and a copy thereof shall be sent to such parties.
494	500
495	501		G. No provision of this section shall be construed to prohibit a governing body from granting its employees rights greater than those contained in a board of arbitration's determination.
496	502
497	503		2. That 40.1-54.3 and Article 2.1 ( 40.1-57.2 and 40.1-57.3) of Chapter 4 of Title 40.1 of the Code of Virginia are repealed.
498	504
499	505		3. That nothing in this act shall be construed to supersede the existing certification of any exclusive bargaining representative, as defined in 40.1-57.4 of the Code of Virginia, as created by this act, or any active negotiation or collective bargaining agreement between an employer and employees engaged in a collective bargaining process prior to July 1, 2026.
500	506
501	507		4. That the provisions of this act shall become effective on July 1, 2026.