{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/40.1-71.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/40.1-71.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/40.1-71.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/40.1-71.html"}],"law_id":363492,"edition_id":2,"section_id":363492,"structure_id":51870,"section_number":"40.1-71","catch_line":"Notice of proposed termination or modification of collective bargaining contract; notice prior to work stoppage; injunctions and penalties","history":"Code 1950, \u00a7 40-95.2; 1952, c. 697; 1966, c. 92; 1970, c. 321; 1979, c. 515.","full_text":"Whenever there is in effect a collective bargaining contract covering employees of any utility engaged in the business of furnishing water, light, heat, gas, electric power, transportation or communication, the utility or the collective bargaining agent recognized by the utility and its employees shall not terminate or modify such contract until the party desiring such termination or modification serves written notice upon the Department of the proposed termination or modification at least thirty days prior to the expiration date thereof or, in the event such contract contains no expiration date, at least thirty days prior to the date it is proposed to make such termination or modification; provided, however, that a party having given notice of modification as provided herein shall not be required to give a notice of termination of the same contract.\n\nWhere there is no collective bargaining contract in effect, the utility or its employees shall give at least thirty days&#8217; notice to the Department prior to any work stoppage which would affect the operations of the utility engaged in the business of furnishing any of the utilities as described in this section.\n\nIf the utility or its employees, or the collective bargaining agent recognized by the utility and its employees, as the case may be, fails to give thirty days&#8217; notice as required by this section, the utility or its employees or such collective bargaining agent, as the case may be, may file a bill of complaint with the clerk of the circuit court having equity jurisdiction over the place of employment asking the court to temporarily enjoin such termination, modification or work stoppage until the proper notice has been served and the thirty-day period has been observed. The court shall have the authority to impose against any person who violates the notice provisions of this section a fine of up to $100 for each day such termination, modification or work stoppage continues until proper notice has been served and observed or against the collective bargaining agent the court shall have the authority to impose a fine of up to $1,000 for each day such termination or modification continues until proper notice has been served and observed.\n\n","order_by":null,"text":{"0":{"id":1354598,"text":"Whenever there is in effect a collective bargaining contract covering employees of any utility engaged in the business of furnishing water, light, heat, gas, electric power, transportation or communication, the utility or the collective bargaining agent recognized by the utility and its employees shall not terminate or modify such contract until the party desiring such termination or modification serves written notice upon the Department of the proposed termination or modification at least thirty days prior to the expiration date thereof or, in the event such contract contains no expiration date, at least thirty days prior to the date it is proposed to make such termination or modification; provided, however, that a party having given notice of modification as provided herein shall not be required to give a notice of termination of the same contract.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1354599,"text":"Where there is no collective bargaining contract in effect, the utility or its employees shall give at least thirty days&#8217; notice to the Department prior to any work stoppage which would affect the operations of the utility engaged in the business of furnishing any of the utilities as described in this section.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1354600,"text":"If the utility or its employees, or the collective bargaining agent recognized by the utility and its employees, as the case may be, fails to give thirty days&#8217; notice as required by this section, the utility or its employees or such collective bargaining agent, as the case may be, may file a bill of complaint with the clerk of the circuit court having equity jurisdiction over the place of employment asking the court to temporarily enjoin such termination, modification or work stoppage until the proper notice has been served and the thirty-day period has been observed. The court shall have the authority to impose against any person who violates the notice provisions of this section a fine of up to $100 for each day such termination, modification or work stoppage continues until proper notice has been served and observed or against the collective bargaining agent the court shall have the authority to impose a fine of up to $1,000 for each day such termination or modification continues until proper notice has been served and observed.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":51870,"edition_id":2,"name":"Mediation and Conciliation of Labor Disputes","identifier":"4","label":"article","depth":3,"order_by":4,"parent_id":51865,"metadata":{"child_laws":6,"child_structures":0},"date_created":"2026-08-02 02:50:24","date_modified":"2026-08-02 12:33:25","permalink":{"id":1447489,"object_type":"structure","relational_id":51870,"identifier":"4","token":"40.1\/4\/4","url":"\/40.1\/4\/4\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51865,"edition_id":2,"name":"Labor Unions, Strikes, Etc","identifier":"4","label":"chapter","depth":2,"order_by":7,"parent_id":51843,"metadata":{"child_laws":32,"child_structures":6},"date_created":"2026-08-02 02:50:21","date_modified":"2026-08-02 12:33:24","permalink":{"id":1447379,"object_type":"structure","relational_id":51865,"identifier":"4","token":"40.1\/4","url":"\/40.1\/4\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51843,"edition_id":2,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":89,"parent_id":null,"metadata":{"child_laws":237,"child_structures":28},"date_created":"2026-08-02 02:49:54","date_modified":"2026-08-02 12:33:22","permalink":{"id":1446725,"object_type":"structure","relational_id":51843,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":363491,"structure_id":51870,"section_number":"40.1-70","catch_line":"Department designated agency to mediate disputes","url":"\/40.1-70\/","token":"40.1\/4\/4\/40.1-70","metadata":false},{"id":363492,"structure_id":51870,"section_number":"40.1-71","catch_line":"Notice of proposed termination or modification of collective bargaining contract; notice prior to work stoppage; injunctions and penalties","url":"\/40.1-71\/","token":"40.1\/4\/4\/40.1-71","metadata":false},{"id":363493,"structure_id":51870,"section_number":"40.1-72","catch_line":"Commissioner to notify Governor of disputes; mediation and conciliation","url":"\/40.1-72\/","token":"40.1\/4\/4\/40.1-72","metadata":false},{"id":363494,"structure_id":51870,"section_number":"40.1-73","catch_line":"Commissioner to keep Governor informed of negotiations, etc","url":"\/40.1-73\/","token":"40.1\/4\/4\/40.1-73","metadata":false},{"id":363495,"structure_id":51870,"section_number":"40.1-74","catch_line":"Right of entry","url":"\/40.1-74\/","token":"40.1\/4\/4\/40.1-74","metadata":false},{"id":363496,"structure_id":51870,"section_number":"40.1-75","catch_line":"Article not applicable when National Railway Labor Act applies","url":"\/40.1-75\/","token":"40.1\/4\/4\/40.1-75","metadata":false}],"previous_section":{"id":363491,"structure_id":51870,"section_number":"40.1-70","catch_line":"Department designated agency to mediate disputes","url":"\/40.1-70\/","token":"40.1\/4\/4\/40.1-70","metadata":false},"next_section":{"id":363493,"structure_id":51870,"section_number":"40.1-72","catch_line":"Commissioner to notify Governor of disputes; mediation and conciliation","url":"\/40.1-72\/","token":"40.1\/4\/4\/40.1-72","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-71\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 697; in 1966, chapter 92; in 1970, chapter 321; in 1979, chapter 515.<\/p>","references":false,"refers_to":false,"permalink":{"id":1447495,"object_type":"law","relational_id":363492,"identifier":"40.1-71","token":"40.1\/4\/4\/40.1-71","url":"\/40.1-71\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/40.1-71\/","token":"40.1\/4\/4\/40.1-71","dublin_core":{"Title":"Notice of proposed termination or modification of collective bargaining contract; notice prior to work stoppage; injunctions and penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-71","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Whenever there is in effect a collective bargaining <span class=\"dictionary\">contract<\/span> covering <span class=\"dictionary\">employees<\/span> of any utility engaged in the business of furnishing water, light, heat, gas, electric power, transportation or communication, the utility or the collective bargaining agent recognized by the utility and its <span class=\"dictionary\">employees<\/span> shall not terminate or modify such <span class=\"dictionary\">contract<\/span> until the <span class=\"dictionary\">party<\/span> desiring such termination or modification serves written notice upon the <span class=\"dictionary\">Department<\/span> of the proposed termination or modification at least thirty days prior to the expiration date thereof or, in the event such <span class=\"dictionary\">contract<\/span> contains no expiration date, at least thirty days prior to the date it is proposed to make such termination or modification; provided, however, that a <span class=\"dictionary\">party<\/span> having given notice of modification as provided herein shall not be required to give a notice of termination of the same <span class=\"dictionary\">contract<\/span>.<\/p><p>Where there is no collective bargaining <span class=\"dictionary\">contract<\/span> in effect, the utility or its <span class=\"dictionary\">employees<\/span> shall give at least thirty days&#8217; notice to the <span class=\"dictionary\">Department<\/span> prior to any work stoppage which would affect the operations of the utility engaged in the business of furnishing any of the utilities as described in this section.<\/p><p>If the utility or its <span class=\"dictionary\">employees<\/span>, or the collective bargaining agent recognized by the utility and its <span class=\"dictionary\">employees<\/span>, as the case may be, fails to give thirty days&#8217; notice as required by this section, the utility or its <span class=\"dictionary\">employees<\/span> or such collective bargaining agent, as the case may be, may file a <span class=\"dictionary\">bill of complaint<\/span> with the clerk of the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> having <span class=\"dictionary\">equity<\/span> <span class=\"dictionary\">jurisdiction<\/span> over the place of employment asking the <span class=\"dictionary\">court<\/span> to temporarily enjoin such termination, modification or work stoppage until the proper notice has been served and the thirty-day period has been observed. The <span class=\"dictionary\">court<\/span> shall have the authority to impose against any person who violates the notice provisions of this section a fine of up to $100 for each day such termination, modification or work stoppage continues until proper notice has been served and observed or against the collective bargaining agent the <span class=\"dictionary\">court<\/span> shall have the authority to impose a fine of up to $1,000 for each day such termination or modification continues until proper notice has been served and observed.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nNOTICE OF PROPOSED TERMINATION OR MODIFICATION OF COLLECTIVE BARGAINING\nCONTRACT; NOTICE PRIOR TO WORK STOPPAGE; INJUNCTIONS AND PENALTIES (\u00a7 40.1-71)\n\nWhenever there is in effect a collective bargaining contract covering employees\nof any utility engaged in the business of furnishing water, light, heat, gas,\nelectric power, transportation or communication, the utility or the collective\nbargaining agent recognized by the utility and its employees shall not terminate\nor modify such contract until the party desiring such termination or\nmodification serves written notice upon the Department of the proposed\ntermination or modification at least thirty days prior to the expiration date\nthereof or, in the event such contract contains no expiration date, at least\nthirty days prior to the date it is proposed to make such termination or\nmodification; provided, however, that a party having given notice of\nmodification as provided herein shall not be required to give a notice of\ntermination of the same contract.\n\nWhere there is no collective bargaining contract in effect, the utility or its\nemployees shall give at least thirty days&#8217; notice to the Department prior\nto any work stoppage which would affect the operations of the utility engaged in\nthe business of furnishing any of the utilities as described in this section.\n\nIf the utility or its employees, or the collective bargaining agent recognized\nby the utility and its employees, as the case may be, fails to give thirty\ndays&#8217; notice as required by this section, the utility or its employees or\nsuch collective bargaining agent, as the case may be, may file a bill of\ncomplaint with the clerk of the circuit court having equity jurisdiction over\nthe place of employment asking the court to temporarily enjoin such termination,\nmodification or work stoppage until the proper notice has been served and the\nthirty-day period has been observed. The court shall have the authority to\nimpose against any person who violates the notice provisions of this section a\nfine of up to $100 for each day such termination, modification or work stoppage\ncontinues until proper notice has been served and observed or against the\ncollective bargaining agent the court shall have the authority to impose a fine\nof up to $1,000 for each day such termination or modification continues until\nproper notice has been served and observed.\n\nHISTORY: Code 1950, \u00a7 40-95.2; 1952, c. 697; 1966, c. 92; 1970, c. 321; 1979,\nc. 515.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}