Virginia Code

Va. Code Ann. § 40.1-59 (2026)

Agreements or combinations declared unlawful

✓ current as of May 2026

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Any agreement or combination between any employer and any labor union or labor organization whereby persons not members of such union or organization shall be denied the right to work for the employer, or whereby such membership is made a condition of employment or continuation of employment by such employer, or whereby any such union or organization acquires an employment monopoly in any enterprise, is hereby declared to be against public policy and an illegal combination or conspiracy.

Code 1950, § 40-69; 1970, c. 321.

Notes of Decisions

Cited in 5 cases, 1971–1998 · leading case: Singleton v. Int'l Ass'n of Machinists, 397 S.E.2d 856 (Va. 1990).

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Singleton v. Int'l Ass'n of Machinists, 397 S.E.2d 856 (Va. 1990). · cites it 2× “1-58: “It is hereby declared to be the public policy of Virginia that the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization," Code § 40.1-59: “Any agreement or combination between any…”

Moore v. Local No. 10, Plumbers & Steamfitters Union, 179 S.E.2d 15 (Va. 1971). · cites it 2× “Virginia Code § 40.1-59 expressly prohibits agreements between *522 any employer and any labor union whereby membership in a labor union is made a condition of employment or continuation of employment in this state.”

Orr v. Nat'l Football League Players' Ass'n, 147 L.R.R.M. (BNA) 2845 (Loudoun Cir. Ct. 1994). “See, § 40.1-59, Code of Virginia, as amended. The instant Motion for Summary Judgment is, as limited by a prior decision of the court, applicable only as to Complainants Byner, Orr, Mitchell, Rowe, and Morrison.”

Singleton v. Intern. Ass'n of Mach., 397 S.E.2d 856 (Va. 1990). · cites it 2× “" Code § 40.1-59: "Any agreement or combination between any employer and any labor union or labor organization whereby persons not members of such union or organization shall be denied the right to work for the employer, or whereby such membership is made a condition of…”

Clegg v. Local 149 U.A.W., 47 Va. Cir. 276 (Winchester Cir. Ct. 1998). · cites it 2× “(1) Section 40.1-59 prohibits illegal combinations or conspiracies to deprive individuals of their right to work.”

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