What is collective bargaining?

Collective bargaining is a process by which employers and employees sit down to discuss the terms and conditions of employment. These discussions lead to a collective bargaining agreement (employment contract) that outlines wages, hours and working conditions. The “local” government maintains local control. There is no federal role in this process. From beginning to end, collective bargaining is controlled by local and state officials and the jurisdiction and the body responsible for budgeting always has the final say.

What is a collective bargaining agreement?

A collective bargaining agreement, sometimes referred to as a “union contract,” is a written legal contract between an employer and a union representing the employees. The collective bargaining agreement is the result of acollaborative process between the employer and employee regarding topics such as wages, hours and terms and conditions of employment.

Will employees be forced to a union? 

No. It is illegal to require public employees to join or participate in a union as a condition of employment. Union membership and participation is entirely voluntary. 

Will employees go on strike?

No. Virginia Code §40.1-57.2 prohibits public employees from striking. Additionally, Virginia Beach fire fighters, EMS, and police are committed to serving the public.

What is the cost to administer collective bargaining?

City staff estimated the total cost to administer collective bargaining at $899,000 due to IT upgrades and staffing needs. However, City staff also stated that the City could use existing employee vacancies to meeting the staffing needs for collective bargaining which would reduce the price significantly. In addition, it is important to note that the FY2024 budget for the city of Virginia Beach was $2.5 billion.

What about people who work for the private sector? Does this affect them?

No. With limited exception, those working in the private sector (non-governmental) already have the right to collective bargaining with their employers. In 1935, Congress passed the National Labor Relations Act (“NLRA”), which states that it “is declared to be the policy of the United States to… protect[] the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection.” 29 U.S.C. § 151. There is a long history of providing collective bargaining rights to workers in the United States. The freedom to assemble is in the first Amendment of the Constitution and part of our Democratic tradition.

Will the City be forced to raise taxes?

No. Virginia law provides that no collective bargaining ordinance or resolution adopted shall include provisions that restrict the governing body's authority to establish the budget or appropriate funds. City Council still maintains complete fiscal authority. 

If the city has a good relationship with the employees, why authorize collective bargaining?

When the city does something related to working conditions or benefits that is good for the employees, there is nothing that protects it from being unilaterally changed by the next department director or city manager. Collective bargaining is the process that maintains consistency for the employees and city leadership across different administrations. This provides consistency for the community as well.