The Latest from VEA

The House (HB1263) and Senate (SB378) have each passed their own version of a statewide collective bargaining bill. The bills are similar in many ways, but are no longer identical. Over the next few weeks, lawmakers will negotiate a final version that will make its way to Governor Spanberger.

What these bills would do

As you may know, collective bargaining rights for public employees currently depend on where you live. Some school divisions allow bargaining. Others don’t.

These bills would create a statewide framework so educators and other public employees would have the right to:

• Organize together
• Choose union representation
• Negotiate a binding contract
  

Just as important: these bills aren’t only about bargaining. They also protect collective action, meaning your right to act together to improve your working conditions.That includes things like:

• Signing a group letter to your school board
• Speaking together at a public meeting
• Organizing around workload, staffing, or safety concerns
  

We’ve seen situations where workers faced retaliation for acting together. Clear statewide protection would make a meaningful difference in these cases.

Where things stand procedurally

• The House passed HB 1263.
• The Senate passed SB 378.
• Each bill now goes to the other chamber.
• They will likely pass different versions.
• A conference committee (three members from each chamber) will negotiate one final bill.
• Both chambers must approve the final version before session ends on March 14.
  

Nothing is final yet.

What both bills still accomplish

Despite some frustrating changes, both versions still:

• Establish a statewide right to organize and take collective action.
• Create a path to collective bargaining that doesn’t depend on your zip code.
• Establish a public employee relations board (PERB) that oversees collective bargaining for public employees by determining which workers are in a bargaining unit, recognizing unions, and stepping in to resolve disputes when needed.
• Make union membership count toward showing employee support for representation in collective bargaining.
  

That last point is important: membership has no expiration date. Building membership now strengthens our position later.

Key differences between the House and Senate bills

Our honest assessment

We want to be clear with members:

• We are not thrilled with the carve-outs or weakening amendments.
• It’s wrong that either higher ed or home care workers are being left out, depending on the bill.
• We are standing with our coalition partners to get everyone included in the final version.
  

At the same time:

• The K-12 portions of the bill are largely protected.
• This is still a major step toward statewide bargaining rights.
• Establishing and protecting public employees’ right to engage in collective action is a monumental pro-worker shift.

Timeline: When could bargaining actually begin?

This is the biggest question we’re hearing. Both bills require the new Public Employee Relations Board (PERB) to write regulations before certification elections can happen.The House bill sets a clear deadline: PERB must adopt regulations by July 1, 2028, and cannot accept certification petitions before then. Based on the state rulemaking process, July 2028 is a realistic timeline. What that means: a request for recognition as exclusive bargaining representative will not be entertained until mid-2028.

When would it make sense to collect cards?

We don’t yet know how PERB will define valid authorization cards or how long they will last.

Under federal practice, cards are often valid for about one year. If PERB begins accepting petitions on July 1, 2028, the earliest it would likely make sense to collect cards would be around July 1, 2027. Until we have final rules, that’s the safest assumption.

Right now, the priority is membership. Membership support counts. It does not expire. And strong membership will determine how successful we are when certification becomes possible.

What happens next

Between now and March 14, lawmakers will negotiate the final bill. We are pushing for:

• Reinstating all workers currently carved out
• A fully independent PERB
• Health insurance remaining a mandatory bargaining subject
• Clear requirements to return to bargaining if funding falls short
• No delayed enactment or phasing in of rights
  

We will continue to update you as this moves.