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If you Vote Dem This Election: THIS Could Happen In YOUR School District or County or City!

Local Governments in Virginia Cannot Collectively Bargain with Government Unions!

This could happen in a school district near you – if you vote Dem this election:

CPS strike is officially on as teachers union, Chicago mayor fail to reach a last-minute deal

Or this from Montgomery County (Dayton), Ohio:

Children Services union to strike Sunday

That’s right: Child Protective Services (our name in Virginia) went on strike in Montgomery County, Ohio:

DAYTON, Ohio (WDTN) – 2 NEWS has confirmed the union representing roughly 270 child welfare workers in Montgomery County will return to the picket line Sunday.

The Professionals Guild of Ohio voted Wednesday to reject Montgomery County’s recent pay raise offer. That vote came after the two sides met for public mediation Monday.

The reason Virginians do not see this sort of thing is due in large part of a Supreme Court of Virginia decision that most of my readers have never heard of. But never fear, dear readers, (well, yes you should fear the Dems coming to power), never fear, your blogger is also a lawyer!

The case is Commonwealth of Virginia v. County Board of Arlington County, 217 Va. 558 (1977) and the holding of the court is simply stated:

For the reasons assigned, we hold that to the extent the boards’ policies permit collective bargaining and collective bargaining agreements with recognized labor organizations, the policies are declared invalid. Because the contracts entered into are the products of such collective bargaining, the agreements are declared void. This results in reversal of the judgment of the trial court and entry of final judgment here in favor of the Commonwealth.

Arlington County attempted to enter into contracts with public employees by way of collective bargaining and the Commonwealth (read Attorney General – our present AG would probably cheer them on!) sued to prevent this. The Circuit Court held the contracts were valid but the Supreme Court held that such contracts were not only not binding but void – the local governments could not even enter into such a collectively bargained contract. The public policy of the Commonwealth was stated clearly here is these two Attorney General opinions cited in the 1977 case:

Yet, in his opinion of July 30, 1962, 24 the then Attorney General stated that it was ‘the policy of the State to be against negotiating with any labor union or its agents with respect to any matter relating to (public employees) or their employment or service.’ In his opinion of February 16, 1970, 25 the present Attorney General stated that if a unit of government undertook to negotiate a collective bargaining contract ‘it would be necessary to imply the power to so do in the absence of legislative authorization,’ and that ‘the better practice would be to enact legislation authorizing such negotiations, together with any desirable limitations thereon.’

All it would take is a Democrat-controlled General Assembly and Governor Northam to pass a law (or fill the state supreme court with liberals) allowing such contracts. The horribles are manifest: Teachers out on strike; budget busting pay hikes, citizens and other employees having to cross a picket line to conduct county/city business, and maybe policy changes under the guise of negotiating “working conditions”. Elected officials’ decisions will be secondary to public service unions. Corruption is possible.

AND

Those public service unions will donate millions to Dems to keep their power. The right to work and other business-friendly laws and policies will be a thing of the past. The Connecticuitization of the Commonwealth of Virginia will continue apace.

So if you want say the Henrico teachers on strike, vote Dem. (Or foolishly write in Chris Peace if you live in the 97th!) If you like the quiet of municipal government run by elected and appointed officials and voters, you need to vote Republican. Even if they are a RINO. Let’s deal with that issue in the future.

About Elwood Sanders

Elwood "Sandy" Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia's first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

2 Responses to “If you Vote Dem This Election: THIS Could Happen In YOUR School District or County or City!”

Trackbacks/Pingbacks

  1. […] had no classes for at least four days. And the deals will be budget busters for local governments. The protection of the 1977 supreme court decision could be removed by a bare […]

  2. […] is in the “rallied” category and we know why: The 1977 Supreme Court of Virginia decision that prohibits local governments from negotiating contracts with teachers and local government […]


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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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