SB378 • 2026

Public employees; repeals existing prohibition on collective bargaining, etc.

An Act to amend and reenact § 40.1-55 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 10 of Title 32.1 an article numbered 5, consisting of sections numbered 32.1-331.18 through 32.1-331.21, and by adding in Chapter 4 of Title 40.1 an article numbered 2.2, consisting of sections numbered 40.1-57.4 through 40.1-57.25; and to repeal §§ 32.1-331.04 and 40.1-54.3 and Article 2.1 (§§ 40.1-57.2 and 40.1-57.3) of Chapter 4 of Title 40.1 of the Code of Virginia, relating to collective bargaining by public employees; individual home care providers; Virginia Home Care Council established; Public Employee Relations Board established; exclusive bargaining representatives.

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Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Surovell
Last action: 2026-05-14
Official status: Governor's Veto
Effective date: Not listed

Plain English Breakdown

The Governor's veto means there is uncertainty about the bill becoming law as it currently stands.

Public Employees Can Now Bargain Collectively

This act removes a ban on public employees collectively bargaining and sets up rules for them to do so.

What This Bill Does

Removes the rule that stops public workers from joining together to negotiate with their employers.
Creates the Public Employee Relations Board to help decide which groups of public employees can form unions or other representative bodies.
Requires both sides, the employer and employee group, to meet and talk about things like pay and working conditions.
Establishes the Virginia Home Care Council within the Department of Medical Assistance Services to represent individual home care providers in collective bargaining.

Who It Names or Affects

Public employees, including those in state and local government jobs.
Individual home care providers working for the Commonwealth.

Terms To Know

Collective bargaining: When a group of workers join together to negotiate with their employer about things like pay and working conditions.
Public Employee Relations Board: A new board created by the act that helps decide which groups of public employees can form unions or other representative bodies.

Limits and Unknowns

The bill was vetoed by the Governor, who believes additional amendments are needed to make it work better.
Some parts of the bill will not take effect until regulations are made by July 1, 2028.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SB378AC

2026-03-14 • Conference

Conference Report

Plain English: JOINT CONFERENCE COMMITTEE REPORT We, the conferees, appointed by the respective bodies to consider and report upon the disagreeing vote on Senate Bill No.

JOINT CONFERENCE COMMITTEE REPORT We, the conferees, appointed by the respective bodies to consider and report upon the disagreeing vote on Senate Bill No.
378 , report as follows: A.
We recommend that the House Amendment in the Nature of a Substitute (26109085D) be rejected.
B.

SB378AC1

2026-03-14 • Conference

Conference Report

Plain English: SECOND JOINT CONFERENCE COMMITTEE REPORT We, the conferees, appointed by the respective bodies to consider and report upon the disagreeing vote on Senate Bill No.

SECOND JOINT CONFERENCE COMMITTEE REPORT We, the conferees, appointed by the respective bodies to consider and report upon the disagreeing vote on Senate Bill No.
378 , report as follows: A.
We recommend that the House Amendment in the Nature of a Substitute (26109085D) be rejected.
B.

SB378G

2026-04-13 • Governor

Governor's Recommendation

Plain English: (SB378) GOVERNOR'S RECOMMENDATION I approve the general purpose of this bill, but I am returning it without my signature with the request that the attached Amendment in the Nature of a Substitute (26110414D) be accepted.

(SB378) GOVERNOR'S RECOMMENDATION I approve the general purpose of this bill, but I am returning it without my signature with the request that the attached Amendment in the Nature of a Substitute (26110414D) be accepted.

SB378S3

2026-03-14 • Conference

Conference Report Substitute

Plain English: 2026 SESSION SENATE SUBSTITUTE 26110007D SENATE BILL NO.

2026 SESSION SENATE SUBSTITUTE 26110007D SENATE BILL NO.
378 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Joint Conference Committee on March 14, 2026) (Patron Prior to Substitute—Senator Surovell) A BILL to amend and reenact § 40.1-55 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 10 of Title 32.1 an article numbered 5, consisting of sections numbered 32.1-331.18 through 32.1-331.21 , and by adding in Chapter 4 of Title 40.1 an article numbered 2.2, consisting of sections numbered 40.1-57.4 through 40.1-57.25 ; and to repeal §§ 32.1-331.04 and 40.1-54.3 and Article 2.1 (§§ 40.1-57.2 and 40.1-57.3 ) of Chapter 4 of Title 40.1 of the Code of Virginia, relating to collective bargaining by public employees; individual home care providers; Virginia Home Care Council established; Public Employee Relations Board established; exclusive bargaining representatives.
Be it enacted by the General Assembly of Virginia: 1.
That § 40.1-55 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 10 of Title 32.1 an article numbered 5, consisting of sections numbered 32.1-331.18 through 32.1-331.21 , and by adding in Chapter 4 of Title 40.1 an article numbered 2.2, consisting of sections numbered 40.1-57.4 through 40.1-57.25 , as follows: Article 5.

SB378S4

2026-03-14 • Conference

Conference Report Substitute

Plain English: 2026 SESSION SENATE SUBSTITUTE 26110082D SENATE BILL NO.

2026 SESSION SENATE SUBSTITUTE 26110082D SENATE BILL NO.
378 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Second Joint Conference Committee on March 14, 2026) (Patron Prior to Substitute—Senator Surovell) A BILL to amend and reenact § 40.1-55 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 10 of Title 32.1 an article numbered 5, consisting of sections numbered 32.1-331.18 through 32.1-331.21 , and by adding in Chapter 4 of Title 40.1 an article numbered 2.2, consisting of sections numbered 40.1-57.4 through 40.1-57.25 ; and to repeal §§ 32.1-331.04 and 40.1-54.3 and Article 2.1 (§§ 40.1-57.2 and 40.1-57.3 ) of Chapter 4 of Title 40.1 of the Code of Virginia, relating to collective bargaining by public employees; individual home care providers; Virginia Home Care Council established; Public Employee Relations Board established; exclusive bargaining representatives.
Be it enacted by the General Assembly of Virginia: 1.
That § 40.1-55 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 10 of Title 32.1 an article numbered 5, consisting of sections numbered 32.1-331.18 through 32.1-331.21 , and by adding in Chapter 4 of Title 40.1 an article numbered 2.2, consisting of sections numbered 40.1-57.4 through 40.1-57.25 , as follows: Article 5.

SB378S5

2026-04-14 • Governor

Governor Substitute

Plain English: 2026 SESSION SENATE SUBSTITUTE 26110414D SENATE BILL NO.

2026 SESSION SENATE SUBSTITUTE 26110414D SENATE BILL NO.
378 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Governor on April 13, 2026) (Patron Prior to Substitute—Senator Surovell) A BILL to amend and reenact § 40.1-55 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 10 of Title 32.1 an article numbered 5, consisting of sections numbered 32.1-331.18 through 32.1-331.21 , and by adding in Chapter 4 of Title 40.1 an article numbered 2.2, consisting of sections numbered 40.1-57.4 through 40.1-57.24 ; and to repeal §§ 32.1-331.04 and 40.1-54.3 and Article 2.1 (§§ 40.1-57.2 and 40.1-57.3 ) of Chapter 4 of Title 40.1 of the Code of Virginia, relating to collective bargaining by public employees; individual home care providers; Virginia Home Care Council established; Public Employee Relations Board established; exclusive bargaining representatives.
Be it enacted by the General Assembly of Virginia: 1.
That § 40.1-55 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 10 of Title 32.1 an article numbered 5, consisting of sections numbered 32.1-331.18 through 32.1-331.21 , and by adding in Chapter 4 of Title 40.1 an article numbered 2.2, consisting of sections numbered 40.1-57.4 through 40.1-57.24 , as follows: Article 5.

Bill History

2026-05-14 Governor
Vetoed by Governor
2026-04-22 Senate
Passed by for the day
2026-04-22 Senate
Communicated to Governor
2026-04-22 Governor
Governor's Action Deadline 11:59 p.m., May 23, 2026
2026-04-22 Senate
Passed by for the day Block Vote (21-Y 18-N 0-A)
2026-04-13 Governor
Governor's recommendation received by Senate
2026-04-08 Senate
Fiscal Impact Statement from Department of Planning and Budget (SB378)
2026-03-31 Senate
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Signed by Speaker
2026-03-31 Senate
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-30 Senate
Signed by President
2026-03-30 Senate
Enrolled
2026-03-30 Senate
Bill text as passed Senate and House (SB378ER)
2026-03-24 Senate
Fiscal Impact Statement from Department of Planning and Budget (SB378)
2026-03-14 Senate
Second conferees appointed by Senate
2026-03-14 Senate
Conference report agreed to by Senate
2026-03-14 House
House requested second conference committee
2026-03-14 Senate
Second conferees appointed by Senate
2026-03-14 Senate
Senate Conferees: Surovell, Boysko, Stuart
2026-03-14 Conference
Conference Report released
2026-03-14 House
Passed by temporarily
2026-03-14 Senate
Senate acceded to request for second conference committee (21-Y 18-N 0-A)
2026-03-14 Conference
Conference Report released
2026-03-14 Conference
Conference Report released
2026-03-14 Conference
Conference Report released
2026-03-14 House
Conferees appointed by House
2026-03-14 House
House Conferees: Tran, Ward, Wilt
2026-03-14 House
Conference report agreed to by House (61-Y 36-N 0-A)
2026-03-14 Senate
Conference report agreed to by Senate (20-Y 18-N 0-A)
2026-03-12 Senate
Senate Conferees: Surovell, Boysko, Stuart
2026-03-12 Senate
Conferees appointed by Senate
2026-03-12 Senate
Senate acceded to request Block Vote (40-Y 0-N 0-A)
2026-03-12 House
Conferees appointed by House
2026-03-12 House
House Conferees: Tran, Ward, Wilt
2026-03-11 House
House insisted on substitute
2026-03-11 House
House requested conference committee
2026-03-10 Senate
House substitute rejected by Senate (0-Y 40-N 0-A)
2026-03-09 House
Read third time
2026-03-09 House
committee substitute agreed to
2026-03-09 House
Engrossed by House - committee substitute
2026-03-09 House
Passed House with substitute (62-Y 35-N 0-A)
2026-03-06 House
Read second time
2026-03-04 Appropriations
Reported from Appropriations (15-Y 7-N)
2026-03-04 Labor and Commerce
Fiscal Impact Statement from Department of Planning and Budget (SB378)
2026-03-03 Labor and Commerce
Reported from Labor and Commerce with substitute and referred to Appropriations (15-Y 7-N)
2026-03-03 Labor and Commerce
Committee substitute printed 26109085D-H1
2026-02-24 House
Placed on Calendar
2026-02-24 House
Read first time
2026-02-24 Labor and Commerce
Referred to Committee on Labor and Commerce
2026-02-24 Finance and Appropriations
Fiscal Impact Statement from Department of Planning and Budget (SB378)
2026-02-17 Senate
Read third time and passed Senate (22-Y 18-N 0-A)
2026-02-17 Senate
Reconsideration of passage agreed to by Senate (40-Y 0-N 0-A)
2026-02-17 Senate
Read third time and passed Senate (21-Y 19-N 0-A)
2026-02-16 Finance and Appropriations
Committee substitute printed 26107922D-S2
2026-02-16 Senate
Read second time
2026-02-16 Senate
Engrossed by Senate - committee substitute (Voice Vote)
2026-02-16 Commerce and Labor
Committee substitute rejected (Voice Vote)
2026-02-16 Finance and Appropriations
Committee substitute agreed to (Voice Vote)
2026-02-16 Senate
Engrossed by Senate (Voice Vote)
2026-02-13 Senate
Rules suspended
2026-02-13 Senate
Passed by for the day
2026-02-13 Senate
Constitutional reading dispensed Block Vote (on 1st reading) (35-Y 0-N 0-A)
2026-02-12 Finance and Appropriations
Reported from Finance and Appropriations with substitute (10-Y 5-N)
2026-02-05 Commerce and Labor
Fiscal Impact Statement from Department of Planning and Budget (SB378)
2026-02-03 Commerce and Labor
Committee substitute printed 26106841D-S1
2026-02-02 Commerce and Labor
Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations (8-Y 6-N)
2026-02-02 Senate
Senate committee offered
2026-01-30 Senate
Fiscal Impact statement From CLG (1/30/2026 8:51 am)
2026-01-13 Senate
Prefiled and ordered printed; Offered 01-14-2026 26105328D
2026-01-13 Commerce and Labor
Referred to Committee on Commerce and Labor

Official Summary Text

Collective bargaining by public employees; individual home care providers; Virginia Home Care Council established; Public Employee Relations Board established; exclusive bargaining representatives.
Repeals the existing prohibition on collective bargaining by public employees. The bill creates the Public Employee Relations Board, which shall determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employees and local government employees. The bill requires public employers and employee organizations that are exclusive bargaining representatives to meet at reasonable times to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment. The bill establishes the Virginia Home Care Council within the Department of Medical Assistance Services to promote the stability of the individual provider workforce in the Commonwealth and tasks the Council with serving as the public employer of individual providers, as defined in the bill, for purposes of collective bargaining pursuant to the bill's provisions. The bill repeals a provision that declares that 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 is a fundamental right that shall be guaranteed from infringement. The bill directs the Department of Labor and Industry to promulgate any regulations necessary to effectuate the bill's provisions by July 1, 2028, and provides that upon the establishment of the Public Employee Relations Board, such regulations shall be transferred to the Board. The bill provides that until such regulations are adopted, no petitions or elections shall take place pursuant to the bill's provisions except pursuant to an ordinance or resolution adopted under current law. This bill is identical to HB 1263.

Current Bill Text

Read the full stored bill text

(SB378)
GOVERNOR'S VETO
Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto Senate Bill 378, which aims to establish a system for public sector collective bargaining.
I support establishing collective bargaining rights for public sector employees. Under current law, state employees are prohibited from collective bargaining, and local public sector employees can only bargain if their locality opts in to collective bargaining. Public servants should have the same right to collectively bargain that Virginia's private sector workers have.
I appreciate the General Assembly for their work on this legislation. I know we all want to create a strong, feasible, and durable public sector collective bargaining system that gives public servants a collective voice while we work to strengthen our schools, keep our communities safe, and deliver services to our neighbors and communities across the Commonwealth.
In an effort to achieve these shared goals, I put forth amendments which would have required the state to set up a system allowing state employees, home care workers, and higher education service employees to enter into collective bargaining agreements first, in order to demonstrate the efficacy of this new system, with public employees in localities following closely after. While preserving the enrolled bill's focus on allowing public employees to achieve collective bargaining, my amendments would have also provided additional flexibility for public employers to take into account existing local budget timelines and processes. However, the General Assembly rejected these amendments.
I remain committed to continuing to work with the General Assembly, unions, localities, and public servants across the Commonwealth to develop a public sector collective bargaining system that works for Virginia. However, I believe additional amendments are needed to the enrolled bill currently before me.
Accordingly, I veto this bill.