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Article 3. Denial or Abridgement of Right to Work.
§ 40.1-58. Policy of article.
It is hereby declared to be the public policy of Virginia that the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization.
Code 1950, § 40-68; 1970, c. 321.
§ 40.1-58.1. Application of article to public employers and employees.
As used in this article, the words, "person," "persons," "employer," "employees," "union," "labor union," "association," "organization" and "corporation" shall include but not be limited to public employers, public employees and any representative of public employees in this Commonwealth. The application of this article to public employers, public employees and their representatives shall not be construed as modifying in any way the application of § 40.1-55 to government employees.
1973, c. 79.
§ 40.1-59. Agreements or combinations declared unlawful.
Any agreement or combination between any employer and any labor union or labor organization whereby persons not members of such union or organization shall be denied the right to work for the employer, or whereby such membership is made a condition of employment or continuation of employment by such employer, or whereby any such union or organization acquires an employment monopoly in any enterprise, is hereby declared to be against public policy and an illegal combination or conspiracy.
Code 1950, § 40-69; 1970, c. 321.
§ 40.1-60. Employers not to require employees to become or remain members of union.
No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment by such employer.
Code 1950, § 40-70; 1970, c. 321.
§ 40.1-61. Employers not to require abstention from membership or officeholding in union.
No person shall be required by an employer to abstain or refrain from membership in, or holding office in, any labor union or labor organization as a condition of employment or continuation of employment.
Code 1950, § 40-71; 1970, c. 321; 2002, c. 422.
§ 40.1-62. Employer not to require payment of union dues, etc.
No employer shall require any person, as a condition of employment or continuation of employment, to pay any dues, fees or other charges of any kind to any labor union or labor organization.
Code 1950, § 40-72; 1970, c. 321.
§ 40.1-63. Recovery by individual unlawfully denied employment.
Any person who may be denied employment or be deprived of continuation of his employment in violation of §§ 40.1-60, 40.1-61 or § 40.1-62 or of one or more of such sections, shall be entitled to recover from such employer and from any other person, firm, corporation or association acting in concert with him by appropriate action in the courts of this Commonwealth such damages as he may have sustained by reason of such denial or deprivation of employment.
Code 1950, § 40-73; 1970, c. 321.
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