Virginia’s New Blue Trifecta Puts Right-To-Work on the Line

Given its proximity to Washington, D.C., Virginia has long had a reputation for its off-year elections swinging to whatever political party does not control the White House. After four years of Republican Gov. Glenn Youngkin—whose victory came on the back of Joe Biden’s first year as president—the commonwealth went strongly Democratic this year, electing incoming Gov. Abigail Spanberger amid President Donald Trump’s second term.

Virginia Democrats now have a trifecta in Richmond, and political winds suggest that this could finally spell the end of right-to-work in the state, after nearly 80 years of the law being on the books. 

Spanberger’s term doesn’t start until January, but state Democratic lawmakers have already introduced right-to-work repeal legislation that they hope to send to her desk. So far, Spanberger claims to oppose right-to-work’s repeal, but the coming weeks will show if she reverts to her career-long pro-union track record.

In late November, State Sen. Jennifer Carroll Foy (D–Woodbridge) introduced Senate Bill 32, which would repeal Virginia’s right-to-work law that prevents private sector workers from being forced to join a union or pay union agency fees as a condition of employment. During her gubernatorial campaign, Spanberger reiterated numerous times that she did not support repealing Virginia’s right-to-work law, saying that supporting repeal was a false litmus test for being pro-worker.

“I know there are those who think you can be pro-business or pro-union….I reject that idea,” said Spanberger in a campaign trail speech to the Virginia Chamber of Commerce. After the introduction of Foy’s repeal bill, a Spanberger spokesperson told the media the incoming governor “does not support repealing the current statute.”

But it’s unclear exactly what Spanberger does support, and a more granular reading of her campaign trail pledge leaves notable wiggle room. In her statements during the election, she claimed she did not support “full repeal,” while leaving the door open by saying “reforms may be necessary.”

Although it’s unclear what “partial” right-to-work repeal might look like, one potential clue may come from Virginia’s not-too-distant past. In 2020, then-Senate Majority Leader Dick Saslaw (D–Springfield) introduced legislation that was billed as a “partial repeal” of Virginia’s right-to-work law in that it did not force workers to join a union but could require the compulsory collection of so-called “agency fees” from non-union members.

Agency fees function as a union workaround for workers who refuse to join a union by still putting them on the hook to financially contribute to the union. In the 2018 case of Janus v. American Federation of State, County, and Municipal Employees (AFSCME), the U.S. Supreme Court struck down this practice for public sector employees as a violation of First Amendment rights, but agency fees can still be collected in the private sector if permitted under state law. A similar approach to Saslaw’s prior effort could perhaps be used by Virginia Democrats to effectively gut right-to-work, while simultaneously claiming it does not technically constitute Spanberger reneging on her campaign promise.

Past right-to-work repeal bills in Virginia have had a poor track record, even among state Democrats. A 2021 repeal bill was voted down in resounding—and bipartisan—fashion by a tally of 88–13 in the House of Delegates. But since that time, numerous moderate Democrats have retired from the state legislature, making it far from certain what a vote might look like now.

For her part, Spanberger’s past record includes cosponsoring the Protecting the Right to Organize (PRO) Act while serving in the House of Representatives. The PRO Act, which included a laundry list of pro-union desires, was notable for containing provisions that would have effectively overridden state-level right-to-work laws. The incoming governor also received substantial support from labor unions, including AFSCME, during her campaign.

Spanberger is right that the choice between being pro-business and pro-worker is often a false dichotomy. But there are better ways to strike this balance than “partial” repeals of right-to-work. For instance, Virginia could look to its neighbor, Maryland, where Democratic Gov. Wes Moore has initiated a portable benefits pilot program for gig economy workers. Portable benefit models allow gig workers to use Simplified Employee Pension-style funds to purchase benefits on exchanges, which they can then take with them from job to job.

As workers increasingly show a preference for flexible work and scheduling autonomy—which often means more gig and freelancing work—this is the type of pro-worker reform that moves labor policy into the 21st century, instead of staying stuck in the labor battles of yesteryear. In addition to Maryland, deep red states like Tennessee and Utah have also implemented portable benefit models, suggesting the bipartisan appeal of such an approach.

We’ll soon see if Virginia holds the line or becomes the second state since Michigan in 2023 to repeal right-to-work. Whatever happens, Virginia’s—and America’s—labor policy debate is badly in need of an update.