SB 378 Virginia Senate · 2026 Regular Session

Public employees; repeals existing prohibition on collective bargaining, etc.

Summary
Collective bargaining by public employees; individual home care providers; Virginia Home Care Council established; Public Employee Relations Board established; exclusive bargaining representatives. Repeals the existing prohibition on collective bargaining by public employees. The bill creates the Public Employee Relations Board, which shall determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employees and local government employees. The bill requires public employers and employee organizations that are exclusive bargaining representatives to meet at reasonable times to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment. The bill establishes the Virginia Home Care Council within the Department of Medical Assistance Services to promote the stability of the individual provider workforce in the Commonwealth and tasks the Council with serving as the public employer of individual providers, as defined in the bill, for purposes of collective bargaining pursuant to the bill's provisions. The bill repeals a provision that declares that in any procedure providing for the designation, selection, or authorization of a labor organization to represent employees the right of an individual employee to vote by secret ballot is a fundamental right that shall be guaranteed from infringement. The bill directs the Department of Labor and Industry to promulgate any regulations necessary to effectuate the bill's provisions by July 1, 2028, and provides that upon the establishment of the Public Employee Relations Board, such regulations shall be transferred to the Board. The bill provides that until such regulations are adopted, no petitions or elections shall take place pursuant to the bill's provisions except pursuant to an ordinance or resolution adopted under current law. This bill is identical to HB 1263.
Bill status vetoed 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House of Delegates Passage
Mar 2026
Vetoed
Apr 2026
Introduced Jan 13, 2026 Vetoed Apr 13, 2026
Maddy AI version diff · 5 comparisons

What changed between versions

Labor and Commerce Substitute Governor Substitute · 6 edits
MODERATE
The bill was converted from a House substitute to a Governor substitute, resulting in significant substantive changes. The legislative body proposing the bill changed from the House Committee to the Governor. The entity creating the home care oversight body was changed from the 'Virginia Home Care Authority' to the 'Virginia Home Care Council,' and its creation date was delayed from immediate to July 1, 2027. The Council's appointment process was altered to be led by the Governor rather than the Secretary of Health and Human Resources, and the staggered terms for initial members were modified. Additionally, the bill's scope was slightly reduced by removing Section 40.1-57.25, which previously established a specific arbitration process for firefighters and emergency medical services providers.
Scope change
The bill's scope was narrowed by removing the specific arbitration procedures for firefighters and emergency medical services providers. The applicability of the new oversight body was delayed by one year, and its leadership structure was shifted from the Department of Medical Assistance Services to the Governor.
DEFINITION

The name of the oversight body was changed from 'Virginia Home Care Authority' to 'Virginia Home Care Council' throughout the text.

TIMELINE

The creation of the oversight body was delayed to become effective on July 1, 2027, instead of the original effective date.

REQUIREMENT

The appointment authority for the oversight body changed from the Secretary of Health and Human Resources to the Governor.

The staggered terms for the initial members of the oversight body were adjusted, changing the specific year-long and multi-year term assignments.

ENFORCEMENT

Section 40.1-57.25, which established a unique three-person arbitration board for disputes involving firefighters and emergency medical services providers, was deleted.

TECHNICAL

The bill header was updated to reflect that it is a 'Senate Substitute' proposed by the Governor, replacing the 'House Substitute' proposed by the House Committee.

Floor votes · Senate Feb 13, 2026 · House of Delegates Mar 9, 2026

How they voted

340
Passed · 5 other
Total votes 39
Feb 13, 2026
D Democratic20
19 Yea 1
95% Yea
R Republican19
15 Yea 4
78% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
59
Key actions
17
Committee
13
Apr 13, 2026
Vetoed
Governor's recommendation received by Senate
executive
Mar 31, 2026
Lower · Passed
Signed by Speaker
lower
Mar 30, 2026
Upper · Passed
Signed by President
upper
Mar 30, 2026
Upper · Passed
Bill text as passed Senate and House (SB378ER)
upper
Mar 14, 2026
Upper · Passed
Conference report agreed to by Senate (20-Y 18-N 0-A)
upper
Mar 14, 2026
Lower · Passed
Conference report agreed to by House (61-Y 36-N 0-A)
lower
Mar 14, 2026
Upper · Passed
Senate acceded to request for second conference committee (21-Y 18-N 0-A)
upper
Mar 14, 2026
Committee
House requested second conference committee
lower
Mar 14, 2026
Lower · Passed
Passed by temporarily
lower
Mar 14, 2026
Legislature · Passed
Conference Report released
legislature
Mar 11, 2026
Committee
House requested conference committee
lower
Mar 9, 2026
Lower · Passed
Passed House with substitute (62-Y 35-N 0-A)
lower
Mar 4, 2026
Lower · Passed
Reported from Appropriations (15-Y 7-N)
lower
Mar 3, 2026
Lower · Passed
Reported from Labor and Commerce with substitute and referred to Appropriations (15-Y 7-N)
lower
Feb 24, 2026
Committee
Referred to Committee on Labor and Commerce
lower
Feb 17, 2026
Upper · Passed
Read third time and passed Senate (21-Y 19-N 0-A)
upper
Feb 17, 2026
Upper · Passed
Read third time and passed Senate (22-Y 18-N 0-A)
upper
Feb 13, 2026
Upper · Passed
Passed by for the day
upper
Feb 12, 2026
Upper · Passed
Reported from Finance and Appropriations with substitute (10-Y 5-N)
upper
Feb 2, 2026
Upper · Passed
Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations (8-Y 6-N)
upper
Feb 2, 2026
Upper · Passed
Senate committee offered
upper
Jan 13, 2026
Committee
Referred to Committee on Commerce and Labor
upper
1 primary · 2 co-sponsors

Sponsors