Virginia Code

Va. Code Ann. § 40.1-60 (2026)

Employers not to require employees to become or remain members of union

✓ current as of May 2026

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No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment by such employer.

Code 1950, § 40-70; 1970, c. 321.

Notes of Decisions

Cited in 7 cases, 1979–2020 · 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× “” Code § 40.1-60: “No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment by such employer.”

Bukovac v. Daniel Constr. Co., 469 F. Supp. 176 (W.D. Va. 1979). “1-63 states: “Any person who may be denied employment or be deprived of continuation of his employment in violation of §§ 40.1-60, 40.1-61 or 40.1-62 or of one or more of such sections, shall be entitled to recover from such employer and from any other person, firm, corporation…”

Orr v. Nat'l Football League Players' Ass'n, 147 L.R.R.M. (BNA) 2845 (Loudoun Cir. Ct. 1994). “§§ 40.1-60, 40.1-62, Code of Virginia, as amended.”

Singleton v. Intern. Ass'n of Mach., 397 S.E.2d 856 (Va. 1990). · cites it 2× “" Code § 40.1-60: "No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment by such employer.”

Patrick Morrisey, Attorney Gen. v. WV AFL-CIO (W. Va. 2020). “§ 34-34-1 to -7 (LexisNexis 2019; enacted 1969) (establishing public policy that the right-to-work may not be abridged because of membership or nonmembership in a labor organization; and prohibiting employers from conditioning employment upon membership in labor organization, or…”

Clegg v. Local 149 U.A.W., 47 Va. Cir. 276 (Winchester Cir. Ct. 1998). · cites it 2× “(2) Section 40.1-60 provides that employers may not require employees to join a union as a condition of employment, and (3) § 40.”

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