On April 22 the Virginia General Assembly rejected Governor Abigail Spanberger’s proposed amendments to HB 1263 (Tran) / SB 378 (Surovell), returning this collective bargaining legislation to the posture originally adopted by the General Assembly during the regular session. This development significantly and negatively alters the policy landscape for this legislation. While the Governor had sought to address local government concerns through targeted amendments, the General Assembly’s action removes those changes entirely, restoring the bills’ original structure and requirements. This is a posture that prompted VACo to call for a veto of the legislation and approximately 70 percent of all counties to pass public resolutions of opposition to the bills.
As outlined in VACo’s joint press release with the Virginia Municipal League, the Governor’s amendments were a meaningful, though limited, response to local concerns. Most notably, the amendments delayed main implementation of the new collective bargaining system for local governments until January 1, 2030, providing additional time for counties to prepare for the administrative, fiscal, and operational impacts of a statewide collective bargaining mandate.
As a result of the General Assembly rejection of all the Governor’s amendments to the legislation, the delayed implementation timeline is removed, the bill reverts to its earlier effective dates and structure, and the statewide mandate remains intact without the modifications proposed by the Governor.
- Local decision-making is preempted.
- A state Public Employee Relations Board (PERB) would oversee local labor relations with expansive, codified powers, including arbitration.
- Existing local agreements are not a permanent shield as the legislation does not preserve a long-term locally controlled alternative system once the statewide framework takes effect.
- Implementation work begins before 2028, which means substantive implementation work begins well before the nominal effective date.
- The scope remains broad as the legislation provides that public employees may organize, choose representatives, and engage in concerted activity for collective bargaining and mutual aid, while also extending the framework to local governments, school boards, many state employees, home care providers, and certain higher education service employees.
- Public employers must provide employee contact information and access, a mandate that requires additional administrative burdens and raises privacy concerns.
The stakes of this decision have drawn national attention. A recent editorial by The Washington Post Editorial Board argues that the General Assembly’s action highlights concerns about the fiscal pressures on local governments, the reduced flexibility in managing workforce policies, and the long-term impact on local taxpayers and local government service delivery.
VACo’s position of opposition remains consistent with our legislative position and earlier stances throughout the legislative session. The bill replaces longstanding local decision-making processes with a uniform statewide mandate that introduces new administrative, legal, and fiscal obligations, which are likely to create uncertainty for local budgeting and service delivery.
The legislation now returns to Governor Spanberger who has the option of signing the bill, vetoing it, or allowing it to become law without her signature. VACo once again respectfully urges the Governor to veto this legislation. VACo will continue to monitor developments closely and keep members informed. Counties are encouraged to remain engaged as this process moves forward.
VACo Contact: Jeremy R. Bennett