CHAPTER 697

An Act to amend the Code of Virginia by adding six new sections num-
bered §8§ 40-75.1 through 40-75.6, to designate the Department of
Labor and Industry as the State agency established to mediate and
conciliate labor disputes, to require notice of labor disputes between
certain public utilities and their employees and to impose on the Com-
missioner of Labor, or his designated agent, certain duties in con-
nection therewith; and to repeal §§ 40-75 through 40-95, relating to
labor disputes affecting operation of certain public utilities.

Approved April 7, 1952

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding six new sections
numbered §§ 40-75.1 through 40-75.6, as follows:

§ 40-75.1. The Department of Labor and Industry is hereby desig-
nated as the State agency authorized to mediate and conciliate labor

isputes.

§ 40-75.2. Whenever there is in effect a collective bargaining con-
tract covering employees of any utility engaged in the business of furnish-
ing water, light, heat, gas, electric power, transportation or communication,
to which Federal legislation does not apply, 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 Labor and
Industry 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. Where there is no collective
bargaining contract in effect, the same procedure shall be followed by the
utility and its employees, or designated representatives, or any labor
organization or association attempting to organize employees engaged in
work affecting the utility.

§ 40-75.3. Upon receipt of notice of any labor dispute affecting
operation of the utility, whether such notice be required by the preceding
section or by Federal legislation, the Commissioner of Labor shall forth-
with notify the Governor and inform him of the nature of the dispute. If
the Governor deems it necessary the Commissioner, or his designated
agent, shall offer to meet and confer with the parties in interest and
undertake to mediate and conciliate their differences to the extent of the
mediation and conciliation by State agencies contemplated by the National
Labor Relations Act or similar Federal legislation. In the event Federal
legislation does not apply, and if the Governor deems it advisable, it shall
be the duty of the utility and its employees, or designated representatives,
to meet and confer with the Commissioner or his agent, at a time and
place designated by the Commissioner, for the purpose of mediating and
conciliating their differences.

§ 40-75.4. The Commissioner of Labor shall keep the Governor fully
informed as to the progress of the negotiations between the utility and its
employees and shall report as soon as practical whether in his judgment
a strike or lockout appears to be probable in any such dispute or, if a strike
or lockout begins, whether continuation thereof is probable.

8 40-75.5. In order to carry out the duties imposed by the preceding
sections, the Commissioner of Labor or his designated agent shall have
the right to enter upon the property of the utility.

§ 40-75.6. Nothing in this act shall apply to any utility to which the
National Railway Labor Act is applicable.

2. §§ 40-75 through 40-95 of the Code of Virginia are repealed, except
insofar as such sections apply to any utility which has been seized by the
Governor prior to the effective date of this act.

3. An emergency exists and this act is in force from its passage.