Collective Bargaining: Frequently Asked Questions

Collective bargaining is the process by which employees seek to be represented by a union. The legislature in Virginia authorized local government agencies, including public school divisions like ours, to permit collective bargaining in 2021.

Maybe. Our ACPS School Board recently adopted a resolution that permits employees to organize and join a labor union if they are so inclined (hereafter referred to as “Resolution”). The Resolution contains detailed provisions on the steps that have to be taken before a union will be recognized by the School Board. If that happens, then the union would become the exclusive representative for those employees for the purpose of negotiating wages, benefits, and working conditions.

A union would need the requisite number of ACPS employees in one or more “bargaining units” to sign a form (known as an “authorization card”) that states that the employee wants the union to represent them exclusively. Once that occurs, the union would file a petition for an election, which would be administered confidentially by a neutral third party. Employees would have the opportunity to vote electronically by secret ballot. If enough employees participate in the election and a majority votes in favor of the union, then the union would be certified as the exclusive bargaining representative.

A bargaining unit is a group of employees who have common interests and job functions. Under the Resolution, there could be two bargaining units—one for licensed instructional staff and the other for education support professionals (a.k.a., “classified employees”). These two bargaining units jointly comprise over 90% of ACPS employees. Administrative, Confidential, and Supervisory employees are not in either bargaining unit. If you want to find out if your position is part of either of the potential bargaining units, you can contact Human Resources.

The AEA and other unions have the right to ask ACPS employees if they want to sign a card authorizing them to act as their exclusive bargaining representative. We ask that union representatives approach staff when they are not working or monitoring students. Union representatives may sometimes be on school premises, and we ask them to speak with people in non-working areas, such as outside or in break rooms. Employees should know they have every right to sign a card, and they also have every right to decline to sign a card. It is up to every employee to decide for themselves.

Yes, if you want to. ACPS believes that employees can and should discuss collective bargaining. We ask that these discussions not take place during instruction or other working periods and that they not distract teachers and staff from their important job duties during the work day. Every employee should learn enough about collective bargaining and the union(s) seeking to represent them to make a fully informed decision.

No. ACPS believes strongly that it is every employee’s right to make their own decision about collective bargaining, and we do not want anyone to feel pressured to vote for or against it. Just as employees have the right to talk about collective bargaining, employees also have the right to decline to talk about it. No one should feel pressured. If anyone has concerns about this, they should speak with a manager or Human Resources.

Yes. The most important rule for these discussions is that people must be truthful. Neither the union nor ACPS leaders can promise that collective bargaining would result in a particular outcome or impact on wages, benefits, or working conditions. We all want what is best for our staff, but some things are beyond the control of ACPS and the School Board. If you have any concern about statements or promises you have heard, you should talk with a supervisor or Human Resources.

No. Even if a union is certified, all of these things are subject to negotiations, and the School Board does not have full control over these areas. Many of our benefits programs are controlled by state or local government agencies and not the School Board. Moreover, wage increases can only be awarded if the County’s Board of Supervisors approves of a request for funding that is sufficient to pay for them. The Board of Supervisors acts independently and is not obligated to approve any request by the School Board. In fact, the Resolution explicitly states that if the Board of Supervisors does not approve of a sufficient funding request to support negotiated wage increases, then the School Division and a union would have to go “back to the table” to negotiate a different agreement. 

No. Virginia is still a “right to work state,” which means that, even if a union is certified as the exclusive bargaining representative for your position, you still have the right to decide for yourself whether you want to join the union (and pay union dues). Regardless of whether you join the union, the union would still negotiate the wages, benefits, and working conditions for your position, which are incorporated into a collective bargaining agreement. 

That depends on the union and the bargaining unit to which your position belongs. If this is a concern for you, then you should ask the union.

No. Virginia law explicitly prohibits School Division employees from going on strike or engaging in a work stoppage. The law provides that people who violate this provision may have their employment terminated.

Yes. After the first year following the union’s certification, employees (as well as other unions and the School Board) have the right to present a petition to remove the incumbent union. This is called a “decertification petition,” and it requires the same kind of card-signing and election process described above for the initial election of a union. The number of cards that must be signed and the way that election results are determined are a little different, however.

We expect that the AEA (and perhaps one or more other unions) will continue gathering signatures on authorization cards through spring 2024 and possibly during summer 2024. An election probably would not occur before fall 2024, and if a union is certified, negotiations towards a first collective bargaining agreement likely would take place toward the end of 2024 or early 2025. An agreement would have to be approved and ratified by early March 2025 in order for the School Board to seek the necessary funding to enact contractual changes in time for the 2025-26 school year.