Collective Bargaining Ordinance Decision Deferred In Fairfax

FAIRFAX COUNTY, VA — A decision was deferred on the collective bargaining ordinance for county government employee unions at Tuesday's Board of Supervisors meeting. Supervisors voted to defer the decision until Oct. 19 after hours of public testimony with over 60 speakers.

Virginia General Assembly legislation effective on May 1, 2021 allowed localities to adopt an ordinance allowing its employees to collectively bargain and negotiate wages, benefits, and working conditions. The last time it was permitted by the state, 19 localities had collective bargaining until a 1977 Virginia Supreme Court ruling stopped local governments from collective bargaining with their employees.

The collective bargaining ordinance would apply to many of the county government employees but not Fairfax County Public Schools employees. In anticipation of the law taking effect, a collective bargaining workgroup was formed led by two Fairfax supervisors and members including employee group representatives, FCPS elected officials, County Executive Bryan Hill, FCPS Superintendent Scott Brabrand and other senior staff. The Board of Supervisors' Personnel Committee received a draft collective bargaining ordinance in May 2021. That proposal has since been revised several times.

Supervisors heard hours of testimony during Tuesday's public hearing. As reported by the Washington Post, some concerns brought up centered around who should be included in collective bargaining, such as temporary employees, and what collective bargaining would entail, such as health and safety matters in addition to pay and benefits. County government workers were among those who testified.

Chairman Jeff McKay made a motion to defer the item to allow supervisors to take in the public hearing testimony over the next two weeks. That motion also kept the record open for written public comment until the Oct. 19 board meeting.

McKay acknowledged there was testimony in reference to collective bargaining for school employees but that the proposed ordinance only affects county government employees. He believes that testimony was largely spurred by misinformation that "schools would close over collective bargaining."

"If the school board decides to adopt a collective bargaining ordinance, that ordinance will be the engagement with the school community," said McKay.

The board allocated $1 million in the fiscal year 2022 budget for new positions in preparation for the collective bargaining ordinance. Additional funding was expected in the fiscal year 2021 carryover review and future budget processes.