CHAPTER 431

An Act to amend Article 3, Chapter 4, Title 40 of the Code of Virginia, by
adding five new sections numbered §§ 40-74.1 through 40-74.5, relating
to the denial or abridgement of the right to work and service of pro-

cess.
(S 317]
Approved April 3, 1954
Be it enacted by the General Assembly of Virginia:

1. That Article 3, Chapter 4, Title 40 of the Code of Virginia be amended
by adding five new sections numbered §§ 40-74.1 through 40-74.5, as
ollows:

§ 40-74.1. Any agreement, understanding or practice which is de-
signed to cause or require any employer, whether or not a party thereto, to
violate any provision of this article is hereby declared to be an illegal
agreement, understanding or practice and contrary to public policy.

§ 40-74.2. Any person, firm, association, corporation, or labor union
or organization engaged in lockouts, lay-offs, boycotts, picketing, work
stoppages or other conduct, a purpose of which is to cause, force, persuade
or induce any other person, firm, association, corporation or labor union or
organization to violate any provision of this article shall be guilty of
illegal conduct contrary to public policy ; provided that nothing herein con-
tained shall be construed to prevent or make illegal the peaceful and
orderly solicitation and persuasion by union members of others to join a
union, unaccompanied by any intimidation, use of force, threat of use of
force, reprisal or threat of reprisal, and provided that no such solicitation
or persuasion shall be conducted so as to interfere with, or interrupt the
work of any employee during working hours.

§ 40-74.3. Any employer, person, firm, association, corporation, labor
union or organization injured as a result of any violation or threatened
violation of any provision of this article or threatened with any such viola-
tion shall be entitled to injunctive relief against any and all violators or
persons threatening violation, and also to recover from such violator or
violators, or person or persons, any and all damages of any character
cognizable at common law resulting from such violations or threatened
violations. Such remedies shall be independent of and in addition to the
penalties and remedies prescribed in other provisions of this article.

§ 40-74.4. Any labor union or labor organization doing business in this
State, all of whose officers and trustees are nonresidents of this State, shall
by written power of attorney, filed with the Department of Labor and In-
dustry, appoint the Secretary of the Commonwealth its attorney or agent
upon whom all legal process against the union or organization may be
served, and who shall be authorized to enter an appearance on its behalf.
The manner of service of process on the Secretary of the Commonwealth,
the mailing thereof to the labor union or organization, the fees therefor,
the effect of judgments, decrees and orders, and the procedure in cases
where no power of attorney is filed as required, shall be the same as pro-
vided for in cases of foreign corporations in Sections 13-215, 13-216 and
13-217 of the Code of Virginia.

§ 40-74.5. Any violation of any of the provisions of this article by
any person, firm, association, corporation, or labor union or organization
shall be a misdemeanor and punishable by fine not exceeding five hundred
dollars. Each day of continued violation after conviction shall constitute
a separate offense and shall be punishable as herein provided.

2. Severability—If any provision of this act or the application thereof
to any person or circumstance is held invalid, such invalidity shall not af-
fect other provisions or applications of the act which can be given effect
without the invalid provisions or application, and to this end the provisions
of this act are declared to be severable.

3. Nothing in this act contained shall affect or apply to any litigation
pending on or prior to the effective date of this act.