Virginia Strengthens Employee Protections in Local Government

Strategic Insights -

New regulations from the Virginia Department of Labor and Industry aimed at guaranteeing the right to a secret ballot in elections for union representation have become effective, further solidifying Virginia's position as a champion of employee protections. The regulations, which took effect on July 30, 2025, build upon a decade-old state law that recognized the fundamental right to a secret ballot in union elections. This right is essential for ensuring that unionization processes are fair and free from coercion, as employees should not be forced to sign authorization cards that may be obtained through forgery or coercion.

Key Takeaways:

  • The new regulations from the Virginia Department of Labor and Industry guarantee the right to a secret ballot in elections for union representation in local government.
  • These regulations aim to prevent infringements of employees' voting rights, such as "card check," which allows a union to be certified without an election if it presents authorization cards from a majority of workers.
  • The regulations make it clear that authorization cards may not accurately reflect the degree of a union's support, and may be obtained through forgery or coercion.
  • The Virginia General Assembly's 2013 law provides that the right of an individual employee to vote by secret ballot in union elections is a fundamental right that shall be guaranteed from infringement.
  • The new regulations apply this law to local government public employees, ensuring that they have the same protections as state government employees.
  • The regulations also extend the labor protections from the landmark Supreme Court case of Janus v. AFSCME (2018), which prohibited involuntary deduction of union fees from public employees who are not members of the union.
  • The regulations require written and signed authorization for wage deductions, separating membership status from authorization of dues deductions.
  • The Department of Labor and Industry will be reaching out to labor and management to make sure they are aware of the new rules and of the need to comply with them.

Statistics:

  • Since 2018, Virginia has held 10 elections in which local government employees voted on whether to be represented by a labor union, all of which were conducted by secret ballot (Source: Virginia Department of Labor and Industry).
  • Only one union election has been certified in Virginia without a secret ballot election since 2018 (Source: Virginia Department of Labor and Industry).
  • Research shows that employees are more likely to vote against unionization if they are aware of the potential consequences of having no secret ballot (Source: National Right to Work Committee).

Sources:

  • David S. McFadden, Competitive Enterprise Institute
  • Virginia Department of Labor and Industry
  • National Review
  • Virginia General Assembly
  • Janus v. AFSCME (2018) Supreme Court case
  • Virginia Department of Labor and Industry regulations (effective July 30, 2025)
  • Freedom Foundation
  • National Right to Work Committee