| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | Be it enacted by the General Assembly of Virginia: | |
| 2 | 2 | ||
| 3 | - | 1. That the Code of Virginia is amended by adding in Article | |
| 3 | + | 1. That the Code of Virginia is amended by adding in Article 6 of Chapter 43 of Title 2.2 a section numbered 2.2-4377.1 as follows: | |
| 4 | 4 | ||
| 5 | - | § | |
| 5 | + | §2.2-4377.1. Building service employees; transition period. | |
| 6 | 6 | ||
| 7 | 7 | A. For the purposes of this section: | |
| 8 | 8 | ||
| 9 | - | "Awarding authority" means any person that awards a service contract or subcontract to a service employer. "Awarding authority" does not include the United States or the Commonwealth but may, at the election of a county, city, or town, include such county, city, or town. | |
| 9 | + | "Awarding authority" means any person that awards a building service contract or subcontract to a building service employer. "Awarding authority" does not include the United States or the Commonwealth but may, at the election of a county, city, or town, include such county, city, or town. | |
| 10 | 10 | ||
| 11 | - | " | |
| 11 | + | "Building service employee" means an employee performing (i) work in connection with the care or maintenance of property including a janitor, security officer, groundskeeper, concierge, door staff, maintenance technician, handyman, superintendent, elevator operator, window cleaner, and building engineer; (ii) performing passenger-related security services, cargo-related and ramp services, and in-terminal, passenger handling, and cleaning services at an airport; or (iii) food preparation services at a primary or secondary school or post-secondary educational institution. | |
| 12 | 12 | ||
| 13 | 13 | "Employer" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or any other legal or commercial entity with employees. "Employer" may, at the election of a county, city, or town, include such county, city, or town. | |
| 14 | 14 | ||
| 15 | - | "Incumbent service employer" means any employer | |
| 15 | + | "Incumbent building service employer" means any employer that (i) has been awarded or entered into a contract or subcontract concerning building service employees within a certain county, city, or town or (ii) has sold or relinquished control of a property located in a certain county, city, or town where it directly employed building service employees at any time during the previous 90 days. | |
| 16 | 16 | ||
| 17 | - | "Service | |
| 17 | + | "Successor building service employer" means an employer that (i) is awarded a contract for building service employees to provide, in whole or in part, services that are substantially similar to those provided at any time during the previous 90 days; (ii) has purchased or acquired control of a property located in a certain county, city, or town where it directly employed building service employees at any time during the previous 90 days; or (iii) terminates a contract for building service employees and hires building service employees as its direct employees to perform services that are substantially similar to those provided during the previous 90 days within 90 days after a contract for building service employees is terminated or cancelled. | |
| 18 | 18 | ||
| 19 | - | "Successor service employer" means an employer that (i) is awarded a contract for service employees to provide, in whole or in part, services that are substantially similar to those provided by an incumbent service employer at any time during the previous 90 days; (ii) has purchased or acquired control of a property located in a certain county, city, or town where an incumbent service employer directly employed service employees at any time during the previous 90 days; or (iii) terminates a contract for service employees and hires service employees as its direct employees to perform services that are substantially similar to those provided during the previous 90 days within 90 days after a contract for service employees is terminated or canceled. | |
| 20 | - | ||
| 21 | - | "Transition period" means the 90-day time period from the date the successor service employer begins work at a covered location. | |
| 19 | + | "Transition period" means the 90-day time period from the date the successor building service employer begins work at a worksite or worksites. | |
| 22 | 20 | ||
| 23 | 21 | B. Any county, city, or town in the Commonwealth may require, by local ordinance or resolution, compliance with one or more of the following provisions: | |
| 24 | 22 | ||
| 25 | - | 1. That successor service employers shall retain incumbent service employees during the transition period. | |
| 23 | + | 1. That successor building service employers shall retain incumbent building service employees during the transition period. | |
| 26 | 24 | ||
| 27 | - | 2. That successor service employers may dismiss retained service employees during the transition period only (i) for just cause or (ii) as a part of a reduction in its workforce if the successor service employer (a) finds that fewer service employees are required to perform the work than the incumbent service employer had employed; (b) retains service employees by seniority within each job classification; (c) maintains a preferential hiring list of those service employees not retained; and (d) hires any additional service employees from such list, in order of seniority, until all affected service employees have been offered employment. | |
| 25 | + | 2. That successor building service employers may dismiss retained building service employees during the transition period only (i) for just cause or (ii) as a part of a reduction in its workforce if the successor building service employer (a) finds that fewer building service employees are required to perform the work than the incumbent building service employer had employed; (b) retains building service employees by seniority within each job classification; (c) maintains a preferential hiring list of those building service employees not retained; and (d) hires any additional building service employees from such list, in order of seniority, until all affected building service employees have been offered employment. | |
| 28 | 26 | ||
| 29 | - | 3. That, as soon as practicable, but no later than 30 days before a successor service employer begins work at a worksite or worksites, the awarding authority or incumbent service employer shall provide written notice to the incumbent service employees and their collective bargaining representative, if applicable, that a successor service employer will become the new service employer at the worksite or worksites. | |
| 27 | + | 3. That, as soon as practicable, but no later than 30 days before a successor building service employer begins work at a worksite or worksites, the awarding authority or incumbent building service employer shall provide written notice to the incumbent building service employees and their collective bargaining representative, if applicable, that a successor building service employer will become the new building service employer at the worksite or worksites. | |
| 30 | 28 | ||
| 31 | - | 4. That the awarding authority or incumbent service employer shall provide a list of relevant information, including the names, positions, and contact information of any incumbent service employees, to the successor service employer. Such notice shall be given no later than 30 days prior to the start of the transition period. | |
| 29 | + | 4. That the awarding authority or incumbent building service employer shall provide a list of relevant information, including the names, positions, and contact information of any incumbent building service employees, to the successor building service employer. Such notice shall be given no later than 30 days prior to the start of the transition period. | |
| 32 | 30 | ||
| 33 | - | 5. That the successor service employer shall | |
| 31 | + | 5. That the successor building service employer shall give each affected building service employee a written offer of employment and send a copy to the building service employee's collective bargaining representative, if any. | |
| 34 | 32 | ||
| 35 | - | 6. That | |
| 33 | + | 6. That the successor building service employer shall perform a written performance evaluation for each retained employee at the end of the 90-day transition employment period, and offer continued employment to the building service employee if the employee's performance during the transition is satisfactory. | |
| 36 | 34 | ||
| 37 | - | C. Notwithstanding any provision of law to the contrary, a successor service employer may retain fewer than all incumbent service employees during the transition period if it finds that fewer service employees are necessary to perform the work. | |
| 35 | + | 7. That any building service employee who suffers loss by reason of a violation of any provision of a local ordinance or resolution enacted pursuant to this section may bring a civil action against his employer to enforce such local ordinance or resolution by judicial order and to obtain back pay for each day during which the violation continues, inclusive of any benefits the building service employee would have received. Any person who is successful in such action shall recover reasonable attorney fees, witness fees, and court costs incurred in bringing such action. A finding of a willful violation of the provisions of this section may increase damages by three times the actual damages sustained or $1,000, whichever is greater. | |
| 36 | + | ||
| 37 | + | C. Notwithstanding any provision of law to the contrary, a successor building service employer may retain fewer than all incumbent building service employees during the transition period if it finds that fewer employees are necessary to perform the work. |