16VAC15-70-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Commissioner" and “employee” means as defined in Code of Virginia § 40.1-2.

"Labor organization" means as defined in Code of Virginia § 40.1-54.3(A).

"Local government public employer" means any county, city, town, or governing body of a locality, including any local school board.

"Secret ballot" means the expression by ballot, voting machine, or otherwise, but in no event by proxy, of a choice with respect to any election or vote taken upon any matter, which is cast in such a manner that the person expressing such choice cannot be identified with the choice expressed.

16VAC15-70-20. Applicability of statute to local government public employers.

A. Pursuant to § 40.1-2.1, the commissioner extends coverage of the following sections to local government public employers:

1. Section 40.1-7 of the Code of Virginia;

2. Section 40.1-54.3 of the Code of Virginia;

3. Section 40.1-62 of the Code of Virginia;

4. Section 40.1-66 of the Code of Virginia;

5. Section 40.1-67 of the Code of Virginia;

6. Section 40.1-69 of the Code of Virginia;

7. Subdivision 2 of § 40.1-6 of the Code of Virginia; and

8. Subdivision F 2 of § 40.1-49.4 of the Code of Virginia.

B. Pursuant to § 40.1-29 C of the Code of Virginia, to the extent that an alleged violative conduct concerns improper withholding of any dues, fees, or other charges of any kind to any labor union or labor organization, no local government public employer shall withhold any part of the wages or salaries of any employee except for payroll, wage, or withholding taxes or in accordance with law without the written and signed authorization of the employee.

C. To the extent that alleged violative conduct concerns improper withholding of any dues, fees, or other charges of any kind to any labor union or labor organization, § 40.1-29 E through H of the Code of Virginia shall apply to local government public employers.