Some EAC Context
EAC has worked in support of collective bargaining for the past several years and appreciates the way County leadership has generally remained neutral through their words and actions. Over the last six months, EAC has actively met with the Fairfax Workers Coalition and FCGEU/SEIU. We shared a common agenda that would enable collaboration where possible and civil clarification on differences between the two groups in other areas. Updates will be made to our website as more information becomes available.
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The LRA’s Procedures and Rules were issued on August 30, 2022. They refer to a pre-election conference where election procedures would be determined by consensus to the greatest extent possible. EAC’s offer to participate in or observe that conference was rejected. While EAC presumes that the Labor Relations team comprises ethical and capable staff, our position is that more transparency on items under consideration would only benefit county employees.
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EAC respects the ability of all employees to make their own decisions between the ballot choices of SEIU and “no representation”. That said, we are greatly concerned with the lack of transparency we have witnessed so far, regarding operations, tactics, equitable representation, and collaboration. We encourage staff to raise questions to the groups seeking to influence your vote and gain a clear understanding of who they are and how they would represent you/us. Whether you are a new employee, have already learned the ropes of your job, or are at the stage where DROP is an option, you are entitled to make your voting decision on your own terms. And all votes count.
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We will use our website to post updates as they become available. Please help us keep employees in the field informed. We need your help to share our website with those who can only access it with their cell phones and home devices. Spread the word and the website URL www.fceac.org !”
As we formulate our thoughts on whether to vote for SEIU as our collective bargaining agent, or no representation, we’d like to remind everyone of some important things to consider (old and new):
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The collective bargaining ordinance is problematic and attempts to collaborate on its crafting (or follow the Loudoun County and/or Richmond templates) have been denied.
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Employees filed FOIA requests to determine if their names were submitted as intent cards used to get SEIU on the ballot and were denied the ability to review the use of their own information.
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The LRA has turned intent data back over to SEIU and has denied employees the opportunity to review if their name was used as a show of intent in support of SEIU on the ballot.
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The competing union, FWC, has filed a lawsuit to assist the public in obtaining discovery (facts, details, documents) about the above bullet points. We will keep you posted as we’re given more information, but a judge is supposed to hear the case in late April.
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Meanwhile, the County is working on critical budget issues while the LRA has announced there will be a secret ballot vote for collective bargaining (see below). Employees and the EAC have not been given any information, nor any insight into any of the voting activities and initiatives that have taken place so far, although EAC has asked to be included.
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If no representation is the majority vote, there could be another election no sooner than 12 months.
EAC is here for you, and we will continue to provide information as it becomes available.
March 14,2025
FAIRFAX COUNTY LABOR RELATIONS ADMINISTRATOR:
Information Concerning the General Government Bargaining Unit Secret Ballot Election
As communicated in the January 21, 2025 Notice of Petition, SEIU Virginia 512 ("SEIU") petitioned for an election to determine whether the employees in the General Government bargaining unit wish SEIU to be the exclusive representative to bargain collectively on behalf of all employees in the bargaining unit. On January 21, 2025, the LRA determined SEIU met the requirements of the Fairfax County Collective Bargaining Ordinance, including evidence to support the petition from at least 30% of the eligible voters within the unit. A Notice of Petition and Opportunity to Intervene from the LRA was posted on the LRA intranet site on January 21, 2025.
On February 11, 2025, the Fairfax Workers Coalition ("FWC") filed a petition to intervene in the election. On February 14, 2025, after reviewing the evidence in support of FWC's petition, the LRA notified FWC that it had failed to provide the necessary evidence to support its petition and provided FWC with the opportunity to submit additional evidence no later than February 28, 2025. FWC did not provide any additional evidence to the LRA and the FWC petition was dismissed.
A 30-day mail ballot election will be held beginning in mid-April. All eligible voters will receive a ballot at the home address listed in the County system. BE SURE TO UPDATE YOUR ADDRESS AS SOON AS POSSIBLE (no later than March 24th):
1. Log in to FOCUS Portal
2. Click on the "Employee Self-Service" tab
3. Click on the "My Personal and Work Info" tab
4. Click on the "Personal Profile" tab
5. Under the "Addresses" section, click the pencil, verify your current address and make any necessary updates.
6. Save your changes
The ballot will include the following question:
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“Do you wish to be exclusively represented for the purpose of collective bargaining by: SEIU Virginia 512
or
No Representation?"
The election will be administered by an experienced third-party election provider under the supervision of the LRA.
If an employee organization receives a majority of the valid ballots cast by the employees in a permitted bargaining unit, it shall be recognized by the County as the exclusive bargaining agent upon certification of the results.
**Additional information about the secret ballot election will be provided before the election period begins in April.**
These are the rights of employees included in the Collective Bargaining Ordinance:
Section 3-10-3- Employee Rights.
(a) Employees shall have the right to organize, form, join, assist, participate in, and pay dues or contributions to employee organizations, to bargaining collectively through an exclusive bargaining representative of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection insofar as such activity is not inconsistent with this Article. Employees shall also have the right to refrain from any or all such activities.
(b) A collective bargaining agreement provision that violates the rights of employees set forth in this section shall be void. A collective bargaining agreement provision that establishes a time period for the exercise of an employee right set forth in this section shall not violate this section.
(c) The County and each employee organization will refrain from any intimidation or coercion of employees who choose to exercise their rights under this Article.
FAIRFAX COUNTY LABOR RELATIONS ADMINISTRATOR Sarah Miller Espinosa, J.D.
You may contact the LRA at sarah.espinosa@fairfaxcounty.gov
