Virginia’s New Blue Trifecta Puts Right-to-Work On The Brink — What Comes Next?

Overview

Virginia’s off-year electoral swings delivered a decisive result this fall: Democrats now control the governor’s office and both chambers of the General Assembly. That consolidation has renewed efforts to overturn the Commonwealth’s nearly 80-year-old right-to-work law, setting up a high-stakes policy fight when the legislature reconvenes and incoming Governor Abigail Spanberger takes office in January.

What’s Moving In Richmond

In late November, State Senator Jennifer Carroll Foy (D–Woodbridge) filed Senate Bill 32, which would repeal Virginia’s right-to-work statute. The measure aims to restore the ability of unions and employers to negotiate terms that previously could be limited by right-to-work protections. Proponents argue repeal would strengthen collective bargaining and worker power; opponents say it would coerce nonmembers or create new financial obligations for workers.

Spanberger’s Position: Nuanced But Unclear

Incoming Governor Abigail Spanberger has repeatedly said she does not support full repeal of the existing statute. On the campaign trail she pushed back against the idea that being pro-worker requires backing full repeal, telling the Virginia Chamber of Commerce, "I reject that idea." After SB 32’s introduction, her spokesperson reiterated that Spanberger "does not support repealing the current statute."

However, Spanberger also left open the possibility of targeted reforms, saying that "reforms may be necessary." That language creates room for proposals that stop short of a blanket repeal while still changing how unions and nonmembers interact under state law.

What A "Partial" Repeal Could Look Like

Virginia has already seen legislation described as a "partial repeal." In 2020, then-Senate Majority Leader Dick Saslaw proposed changes that would not require union membership but would have allowed the collection of so-called agency fees from nonmembers who benefit from collective bargaining. Agency fees are payments collected from non-union employees to cover a union’s bargaining costs.

Why agency fees matter: The U.S. Supreme Court’s 2018 Janus v. AFSCME decision struck down mandatory agency fees in the public sector as a First Amendment violation for public employees; however, agency fees can still be permitted in the private sector if state law allows it. A move to authorize agency fees in Virginia’s private sector would significantly alter the practical effect of right-to-work.

Political Hurdles And History

Past repeal efforts have failed decisively. A 2021 repeal bill was rejected in the House of Delegates by an 88–13 bipartisan margin. But the legislature’s makeup has shifted since then: several moderate Democrats retired or left office, which may change vote dynamics and make outcomes less predictable.

Spanberger’s Labor Record And Outside Support

Spanberger’s record includes pro-union actions: while serving in Congress she cosponsored the Protecting the Right to Organize (PRO) Act, federal legislation that would have undermined state-level right-to-work laws. Her gubernatorial campaign received notable union support, including from AFSCME. Those ties add pressure from labor groups to pursue meaningful changes.

Alternatives To Repeal: Modernizing Worker Protections

Some advocates argue Virginia should pursue 21st-century solutions instead of—or alongside—changes to right-to-work. One example is portable benefits for gig and freelance workers: pooled accounts or marketplaces that let workers buy health, disability, or retirement coverage that moves from job to job. Maryland has launched a portable benefits pilot under Governor Wes Moore, and Republican-led states such as Tennessee and Utah have explored similar models—illustrating bipartisan interest in updating worker protections.

What To Watch Next

Key near-term items: whether Senators and Delegates move SB 32 or a modified bill forward, whether Spanberger signals support for a limited "reform" approach versus full repeal, and how legislative turnover affects vote tallies. Nationally, Michigan’s 2023 repeal of right-to-work showed such changes are possible; Virginia’s outcome will shape the regional and national debate about labor policy and workers’ rights.

Bottom Line

Democratic control in Richmond has opened a realistic path to altering Virginia’s long-standing right-to-work framework, but the form and scope of any change remain uncertain. Lawmakers can either pursue full repeal, push narrower measures such as permitting agency fees, or adopt alternative policies—like portable benefits—to modernize labor protections for a changing workforce.