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Virginia lawmakers have rejected Gov. Abigail Spanberger’s proposed rewrite of legislation that would expand collective bargaining rights for public employees across the commonwealth.
The General Assembly declined to take up Spanberger’s substitute for SB 378 and HB 1263 during its reconvened session. The bills were introduced by Senate Majority Leader Scott Surovell of Fairfax County and Del. Kathy Tran.
The legislation builds on a 2020 law that allowed Virginia localities to authorize collective bargaining with public employees for the first time since 1977. Fairfax County later adopted collective bargaining for general county employees, police officers and firefighters.
The new bills would eliminate remaining bans and require contract negotiations when public employees form a union. They establish a framework for bargaining over wages, hours and other employment terms.
The legislation would also create a Public Employee Relations Board to define bargaining units and certify elections for unions seeking to serve as exclusive representatives of state and local government workers.
Spanberger sought delays and local flexibility
Spanberger’s substitute would have given localities more flexibility in working with the new board and clarified that bargaining agreements require approval from local governments with budget authority.
One of her biggest proposed changes would have delayed collective bargaining until 2030 for local employees who do not already have an agreement.
The substitute also would have placed worker protections under the Public Employee Relations Board. Union advocates objected, warning that a future governor opposed to collective bargaining could influence the system through appointments to the board.
Spanberger also proposed defining arbitration decisions during contract impasses as advisory. Labor groups argued that this would leave employers with too much control when negotiations stall.
The governor said her amendments reflected feedback from localities, including jurisdictions that already negotiate under their own collective bargaining ordinances.
Spanberger said establishing the Public Employee Relations Board would take until 2028. Under her proposal, state employees would enter the process first, allowing officials to make adjustments before local workers became eligible about 18 months later.
She said the lead time was important because Virginia would be creating an entirely new system covering employees ranging from teachers and local government workers to firefighters and law enforcement officers.
Union advocates urge governor to sign
Union members welcomed the General Assembly’s rejection of the substitute and called on Spanberger to approve the original legislation.
“The time to return collective bargaining to all workers is now,” Fairfax Education Association President Carla Okouchi said. She thanked lawmakers for preserving the original language and said workers deserve the opportunity to negotiate over salaries, benefits and working conditions.
Bethany Letiecq, president of the American Association of University Professors chapter at George Mason University, criticized the exclusion of faculty and graduate students at public colleges and universities from the bills passed in March.
She also questioned Spanberger’s attempt to weaken the legislation while workers face poor employment conditions, urging the governor to honor her campaign promises and sign the General Assembly’s version.
Spanberger may now sign the bills as passed, veto them or allow them to become law without her signature.
If the legislation takes effect, the Virginia Department of Labor would have until July 1, 2028, to establish any regulations needed for implementation.
The Public Employee Relations Board would be required to identify appropriate bargaining units for state employees, independent agencies, higher education institutions and local school boards. Its findings would be due to the governor and General Assembly by Sept. 1, 2027.
Virginia’s education secretary would face an earlier deadline of Nov. 15, 2026, to recommend how collective bargaining could be introduced at public colleges and universities.