Virginia's Collective Bargaining Expansion Excludes Faculty and Grad Workers

The Historic Passage of Virginia's Collective Bargaining Bill

Virginia made headlines in mid-March 2026 when its Democratic-controlled General Assembly passed Senate Bill 378, a landmark measure to lift the state's longstanding prohibition on public sector collective bargaining. This legislation, which had been vetoed by Republican Governor Glenn Youngkin in 2025, represents a significant shift after decades of restrictions rooted in the mid-20th century suppression of union efforts, including those by Black workers at the University of Virginia Hospital in the 1940s. The bill now awaits action from Democratic Governor Abigail Spanberger, who has until April 13, 2026, to sign, veto, or propose amendments.

Collective bargaining, formally known as the process where employees negotiate contracts with employers through chosen representatives—often unions—over wages, hours, benefits, and working conditions, promises to empower roughly 690,000 public workers. Yet, for those in higher education, the victory feels bittersweet. Public university faculty and graduate workers, key pillars of Virginia's academic enterprise, find themselves explicitly excluded from these protections.

Breaking Down the Bill: Inclusions and Notable Exclusions

Senate Bill 378 establishes a Public Employee Relations Board to oversee union elections and negotiations, with implementation phased in by July 1, 2028. It grants bargaining rights to a broad swath of public employees, including state agency staff, local government workers, teachers, firefighters, maintenance personnel, and about 28,000 Medicaid-funded home care providers. Notably, it extends coverage to service and maintenance workers at public colleges and universities who log at least 16 hours per week—roles such as janitors, security officers, groundskeepers, clerical assistants, and food service staff.

However, the bill carves out exceptions for judicial branch employees, General Assembly staff, and crucially, all faculty members—tenured, tenure-track, adjunct, and non-tenure-track—and graduate students at institutions like the University of Virginia (UVA), Virginia Tech, Virginia Commonwealth University (VCU), and George Mason University. This omission stems from a last-minute conference committee compromise between Senate and House versions, where the House insisted on exclusion to secure passage.

To illustrate the scope:

• Included in higher ed: Custodians, elevator operators, building engineers (≥16 hours/week).
• Excluded: Professors teaching classes, graduate teaching assistants, researchers.

The full text of Senate Bill 378 outlines these parameters clearly, emphasizing state agency representatives in negotiations.

Virginia's Higher Education Workforce: Numbers and Challenges

Public universities in Virginia employ thousands of faculty and graduate workers who drive research, teaching, and innovation. At UVA alone, average faculty salaries for fiscal year 2026 hover around $144,240, but this masks stark disparities: adjunct and non-tenure-track professors often juggle multiple institutions for a full course load without benefits or living wages. Nationally, only about one-third of faculty are tenured or tenure-track as of 2023, a decline from half in 1987, amplifying precarity.

Graduate workers, typically funded via stipends or assistantships, face similar hurdles—low pay, health coverage gaps, and uncertain futures. Without collective bargaining, these employees lack formalized leverage against arbitrary decisions on pay raises (state employees averaged 2.9% annually from 2001-2023 vs. 3.4% private sector) or workloads. Virginia's union membership rate stands at around 5%, far below national higher ed averages of over 25% for faculty and 38% for grad workers.

Reactions from Faculty and Graduate Workers

"It's devastating," said Harry Szabo, president of United Campus Workers of Virginia (UCW-VA) and a non-tenure-track faculty member at VCU. He highlighted struggles like lacking health coverage, countering perceptions of faculty as "ivory tower elites." Tim Gibson, president of the Virginia AAUP conference and a George Mason associate professor, called it a "huge historical achievement" but stressed, "You can’t build a world-class university on the backs of exploited faculty and graduate students."

Ian Mullins, a UVA sociology associate professor, labeled it a "partial victory," praising service worker gains but lamenting exclusions: "No one should be left behind." Service workers like Margarette Moore, a William & Mary custodian, celebrated: "We have a voice now." On platforms like X (formerly Twitter), posts from UCW-VA and AAUP chapters echo urgency, with calls like "Don't leave faculty out!" trending among advocates.

The Role of Unions: UCW-VA and AAUP in the Fight

UCW-VA, a wall-to-wall union spanning faculty, staff, and students, has led lobbying since its UVA chapter formation. They've hosted town halls, lobby days, and marches, drawing from national models. The Virginia AAUP chapters at George Mason and elsewhere amplify these efforts, linking bargaining to academic freedom amid political pressures.

Past wins include localities like Richmond and Fairfax opting into bargaining post-2020 reforms. Yet, university presidents reportedly lobbied against full inclusion, prioritizing flexibility. For deeper insights, visit the UCW-VA website.

Photo by The New York Public Library on Unsplash

Behind the Exclusion: Legislative Compromises and Hidden Influences

Senate Majority Leader Scott Surovell's original bill included all higher ed workers, but House Democrats, facing slim margins, demanded exclusions. Surovell relented to pass the measure: "I couldn’t risk the entire bill going down." Universities like UVA and Virginia Tech offered neutral statements, avoiding direct lobbying admissions.

Opponents argue bargaining could politicize academia or strain budgets, as Youngkin cited in his 2025 veto (projected hundreds of millions in costs). Proponents counter that unionized faculty earn nearly $20,000 more at community colleges nationally, fostering equity.

Implications for Virginia's Public Universities

Exclusion perpetuates inequities: adjuncts teach full loads sans security, grad workers navigate stipends below living costs (e.g., Richmond area's high housing). Without bargaining, responses to budget cuts or policy shifts—like recent board term extensions limiting faculty input—remain ad hoc.

Service worker gains could inspire cross-role solidarity, but divisions risk emerging. For universities, empowered janitors negotiating schedules might indirectly aid faculty via stable campuses, yet overall, excluded academics face heightened vulnerability in an era of enrollment declines and funding squeezes.

National Landscape: How Virginia Compares

Virginia joins a patchwork: 33 states permit public sector bargaining, but higher ed varies. Southern neighbors like North Carolina ban it outright; others like New York grant faculty rights. Post-2024 NLRB shifts under Trump disrupted private union surges, spotlighting state laws for publics.

• Pro-bargaining states: Higher faculty pay, better retention (e.g., California, Illinois).
• Restrictions: Florida, Texas limit scope.

Virginia's step aligns with trends but lags in higher ed inclusion. See detailed analysis in Inside Higher Ed's coverage.

Governor Spanberger's Pivotal Decision

As a former congresswoman advocating labor rights, Spanberger's review is watched closely. Her office notes careful consideration; amendments could reinstate faculty via reconvened GA. Service unions like SEIU praise her home care support, pressuring alignment. Failure to act defaults to signing, spurring 2027 pushes.

Future Outlook and Actionable Steps for Higher Ed Workers

If excluded, UCW-VA plans intensified organizing—petitions, NLRB filings for private-like rights (though limited for publics). Long-term: leverage 2028 boards for equity.

1. Join UCW-VA or AAUP chapters for pre-majority actions.
2. Document grievances for future campaigns.
3. Engage alumni donors for pressure.
4. Monitor bill tracking.

Bargaining could stabilize careers amid 2026 hiring slowdowns, boosting Virginia's research stature.

Photo by Ryan Ledbetter on Unsplash

Navigating Careers in Virginia Higher Education

For aspiring professors or postdocs, Virginia's landscape demands resilience: seek union-friendly states or private institutions under NLRB. Platforms like AcademicJobs.com offer insights into faculty openings and salary benchmarks, aiding informed moves. Collective action remains key to sustainable careers.