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40.1-54.3. Right to vote by secret ballot on labor organization representation.
A. As used in this section, "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
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"Labor organization" means an employee representation committee, organization, or union in which employees participate and which exists for the purpose, in whole or in part, of dealing with an employer concerning employee wages, rates of pay, hours of work, other forms of compensation, grievances, labor disputes, or other conditions of employment.
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B. In any procedure providing for the designation, selection, or authorization of a labor organization to represent employees, the right of an individual employee to vote by secret ballot in such a procedure is a fundamental right that shall be guaranteed from infringement.
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All employees, when seeking to select for themselves an exclusive bargaining representative, have the right to make that selection in a secret-ballot election.
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ALEC Legislation in Virginia: Labor
Contents
HB 2052: Secret ballot
This bill would declare the right to vote by secret ballot on labor organization representation.
Virginia's secret ballot legislation
ALEC's Employee Secret Ballot Protection Act
40.1-54.3. Right to vote by secret ballot on labor organization representation.
A. As used in this section, "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
"Labor organization" means an employee representation committee, organization, or union in which employees participate and which exists for the purpose, in whole or in part, of dealing with an employer concerning employee wages, rates of pay, hours of work, other forms of compensation, grievances, labor disputes, or other conditions of employment.
B. In any procedure providing for the designation, selection, or authorization of a labor organization to represent employees, the right of an individual employee to vote by secret ballot in such a procedure is a fundamental right that shall be guaranteed from infringement.
All employees, when seeking to select for themselves an exclusive bargaining representative, have the right to make that selection in a secret-ballot election.
Virginia' bill: http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+HB2052
ALEC's model legislation: http://alecexposed.org/w/ images/9/9a/1R2-Employee_Secret_Ballot _Protection_Act_Exposed.pdf
SJ 301: Constitutional right to a secret ballot
Similar to HB 2052, SJ 301 would enshrine the right to a secret ballot in the Virginia Constitution for public election in addition to approving workplace collective bargaining. In addition to similar legislation language and intent, the legislative descriptions of this bill and the ALEC model legislation are identical.
Virginia's Secret Ballot Constitutional Amendment
ALEC's Resolution to Support State Efforts to Protect Secret Ballot Elections
Legislative description: Constitutional amendment (first resolution); the right to a secret ballot. Adds a provision to the Bill of Rights to preserve and protect the right to a secret ballot in elections for office, votes on ballot measures, and votes to designate or authorize employee representation.
ALEC supports the efforts of states to guarantee the right of individuals to vote by a private, secret ballot in elections for public office or ballot measures and in designations or authorizations for employee representation
Section 6-A. Right to a secret ballot.
That the fundamental right of individuals to vote by secret ballot shall be preserved and protected when local, state, or federal law requires elections for public office, when ballot measures are proposed, or when designations or authorizations for employee representation are required by law.
The American Legislative Exchange Council supports democracy at the polls and in the workplace by maintaining the right of every person and worker to privately decide issues of public office, ballot measures, and workplace representation by use of a secret ballot;
Virginia's bill: http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+SJ301
ALEC's model legislation: http://www.alecexposed.org/w/ images/6/6a/1P7-RESOLUTION_TO_SUPPORT_ STATE_EFFORTS_TO_PROTECT_ SECRET_BALLOT_ELECTIONS_Exposed.pdf