Va. Code » Title 40.1. Labor and Employment » Chapter 4. Labor Unions, Strikes, Etc. » Article 3. Denial or Abridgement of Right to Work
Virginia Code

Va. Code Ann. § 40.1-61 (2026)

Employers not to require abstention from membership or officeholding in union

✓ current as of May 2026
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No person shall be required by an employer to abstain or refrain from membership in, or holding office in, any labor union or labor organization as a condition of employment or continuation of employment.

Code 1950, § 40-71; 1970, c. 321; 2002, c. 422.

Notes of Decisions
Cited in 4 cases, 1979–1998 · leading case: Norfolk Airport Auth. v. Nordwall, 436 S.E.2d 436 (Va. 1993).
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Norfolk Airport Auth. v. Nordwall, 436 S.E.2d 436 (Va. 1993). · cites it 19× “The principal question in this appeal is whether Code § 40.1-61, a part of Virginia’s Right to Work Law, prevents a government employer from prohibiting one of its supervisory employees from joining a union.”
Bukovac v. Daniel Constr. Co., 469 F. Supp. 176 (W.D. Va. 1979). · cites it 5× “This suit was brought in the Circuit Court for the County of Bath under Section 40.1-61 of the Code of Virginia, which prohibits employers from making non-membership in a labor union a condition of an employee’s employment, and Section 40.”
Butler v. Norfolk Airport Auth., 28 Va. Cir. 540 (Norfolk Cir. Ct. 1992). · cites it 2× “I further find that this is contrary to Virginia Code § 40.1-61, 1950, as amended, which provides: No person shall be required by an employer to abstain or refrain from membership in any labor union or labor organization as a condition of employment or continuation of employment.”
Clegg v. Local 149 U.A.W., 47 Va. Cir. 276 (Winchester Cir. Ct. 1998). “1-60 provides that employers may not require employees to join a union as a condition of employment, and (3) § 40.1-61, conversely prohibits an employer from requiring its employees not to join a union as a condition of employment.”
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