Portsmouth adopted rules to fully implement collective bargaining nearly three years after first authorizing it, establishing bargaining units for firefighters, police and other city employees

By Natalie Anderson
The Virginian-Pilot

PORTSMOUTH, Va. — City leaders on Tuesday took the step of fully implementing collective bargaining for city workers three years after it was initially approved.

A divided City Council vote in November 2023 authorized collective bargaining for city workers. That vote authorized workers to negotiate in good faith with city leaders on a labor contract dictating pay, benefits, safety, equipment and working conditions.

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But until Tuesday’s vote, collective bargaining rights weren’t fully in effect as the full scope of what conditions can be bargained and how the practice will be implemented required additional approval. Portsmouth City Council voted unanimously to adopt an ordinance outlining those parameters at Tuesday’s meeting.

Council member Bill Dodson Jr . was not present for the vote or the regular meeting despite being in attendance for the work session.

Tiffany Stuart, president of the Portsmouth Professional Fire Fighters and Paramedics Union, called collective bargaining over a contract “a long-term financial planning tool.”

“( Portsmouth) City Council retains final authority over the budget every time on every agreement. What you’re gaining is a partner in planning ahead and shared outcomes,” Stuart said. “The city manager and his team have engaged with us throughout this process, page by page, to work on this ordinance. Our meetings were productive, and our proposals, although not fully implemented, were fairly considered and in good faith.”

Under the framework adopted Tuesday, the ordinance classifies employees into three bargaining units: uniformed and sworn police below the rank of lieutenant; uniformed and sworn firefighters, fire marshals and emergency communications workers below the rank of captain; and all other city employees. Due to Virginia’s right-to-work status, no employees are required to join a union and pay dues.

City workers not covered by the ordinance include temporary or seasonal workers, managers and supervisors, and constitutional officers.

The process of collective bargaining would begin once designated bargaining representatives are certified.

Several speakers urged support, but some asked for other workers to be further classified beyond just “all other city workers,” including Chris Hollis with Laborers International Union. Hollis said the city of Richmond recognizes five different bargaining units: police, fire, labor and trade workers, professional employees, and administrative and technical.

“We have labor and trade workers grouped in with professional, administrative, technical, and clerical workers, and we all know distinctively they have different roles,” he said.

The city anticipates a financial impact, but a memo from City Attorney Derek Challenger states that it’s difficult to know the costs until the process begins. At minimum, the city would be required to hire a labor relations administrator.

“It’s not going to break your city, and it hasn’t broke cities that have it already,” Hollis said.

Virginia was one of a few states with a blanket ban on collective bargaining for public sector employees until 2020, when the Democrat-controlled General Assembly enacted a new law, effective 2021, punting the final say to localities.

Most recently, Gov. Abigail Spanberger vetoed legislation in May that would have given public workers across the commonwealth the right to collectively bargain. Spanberger had sought to amend the legislation to delay implementation until 2030, but the General Assembly rejected those suggestions.

Some cities in Northern Virginia already have approved the collective bargaining process for city workers, with some attempts in Hampton Roads. Portsmouth was the first in the region to take such a step. Newport News authorized collective bargaining for certain city workers earlier this year, while Virginia Beach and Norfolk have rejected such measures.

Portsmouth previously approved collective bargaining rights for city employees in 2020, but reversed course after city officials raised concern about the cost. Similar concerns were raised in November 2023, but collective bargaining rights were ultimately approved in a 4-2 vote, with Mayor Shannon Glover and outgoing council member Mark Whitaker voting against.

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