State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-40-1 > Chapter-4 > 40-1-71

§ 40.1-71. Notice of proposed termination or modification of collectivebargaining contract; notice prior to work stoppage; injunctions and penalties.

Whenever there is in effect a collective bargaining contract coveringemployees of any utility engaged in the business of furnishing water, light,heat, gas, electric power, transportation or communication, the utility orthe collective bargaining agent recognized by the utility and its employeesshall not terminate or modify such contract until the party desiring suchtermination or modification serves written notice upon the Department of theproposed termination or modification at least thirty days prior to theexpiration date thereof or, in the event such contract contains no expirationdate, at least thirty days prior to the date it is proposed to make suchtermination or modification; provided, however, that a party having givennotice of modification as provided herein shall not be required to give anotice of termination of the same contract.

Where there is no collective bargaining contract in effect, the utility orits employees shall give at least thirty days' notice to the Department priorto any work stoppage which would affect the operations of the utility engagedin the business of furnishing any of the utilities as described in thissection.

If the utility or its employees, or the collective bargaining agentrecognized by the utility and its employees, as the case may be, fails togive thirty days' notice as required by this section, the utility or itsemployees or such collective bargaining agent, as the case may be, may file abill of complaint with the clerk of the circuit court having equityjurisdiction over the place of employment asking the court to temporarilyenjoin such termination, modification or work stoppage until the propernotice has been served and the thirty-day period has been observed. The courtshall have the authority to impose against any person who violates the noticeprovisions of this section a fine of up to $100 for each day suchtermination, modification or work stoppage continues until proper notice hasbeen served and observed or against the collective bargaining agent the courtshall have the authority to impose a fine of up to $1,000 for each day suchtermination or modification continues until proper notice has been served andobserved.

(Code 1950, § 40-95.2; 1952, c. 697; 1966, c. 92; 1970, c. 321; 1979, c. 515.)