The Vermont Statutes Online

Title 3: Executive

Chapter 027: State Employees Labor Relations Act

• Subchapter 001: Generally

• § 901. Purpose

  It is the purpose and policy of this chapter to prescribe the legitimate rights of both State employees and the State of Vermont and of Vermont State Colleges and the University of Vermont in their relations with each other, to provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other, to protect the rights of individual employees in their relations with labor organizations, to define and proscribe practices on the part of labor, the State of Vermont, the Vermont State Colleges, and the University of Vermont which are harmful to the general welfare, and to protect the rights of the public in connection with labor disputes. (Added 1969, No. 113, § 1; amended 1987, No. 177 (Adj. Sess.), § 1.)

• § 902. Definitions

  As used in this chapter:

  (1) “Board” means the State Labor Relations Board established under section 921 of this title.

  (2) “Collective bargaining” or “bargaining collectively” means the process of negotiating terms, tenure, or conditions of employment between the State of Vermont, the Vermont State Colleges, the University of Vermont, or the Department of State’s Attorneys and Sheriffs and representatives of employees with the intent to arrive at an agreement that, when reached, shall be reduced to writing.

  (3) “Collective bargaining unit” means the employees of an employer, being either all of the employees, the members of a department or agency, or such other unit or units as the Board may determine are most appropriate to best represent the interests of employees.

  (4) “Employee” means a State employee as defined by subdivision (5) of this section except as the context requires otherwise.

  (5) “State employee” means any individual employed on a permanent or limited-status basis by the State of Vermont, the Vermont State Colleges, the University of Vermont, the State’s Attorneys’ offices, or as a full-time deputy sheriff paid by the State pursuant to 24 V.S.A. § 290(b), including permanent part-time employees, and an individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, but excluding an individual:

  (A) exempt or excluded from the State classified service under the provisions of section 311 of this title, except that the State Police in the Department of Public Safety; employees of the Defender General, excluding attorneys employed directly by the Defender General and attorneys contracted to provide legal services; deputy State’s Attorneys; employees of State’s Attorneys’ offices; and full-time deputy sheriffs paid by the State pursuant to 24 V.S.A. § 290(b) are included within the meaning of “State employee”;

  (B) employed in the Office of the Lieutenant Governor;

  (C) employed as the legal assistant to the Attorney General authorized by section 155 of this title;

  (D) employed as a department or agency head or deputy officer not included in section 311 of this title, head of an institution or as a division director in the Agency of Administration, and similar positions in the Vermont State Colleges or the University of Vermont;

  (E) employed by any other person who is not an employer as defined in subdivision (7) of this section;

  (F) employed as a managerial employee;

  (G) employed in the classified service as a private secretary within the meaning of subdivision 311(a)(3) of this title;

  (H) employed in the Department of Human Resources;

  (I) employed in the Department of Finance and Management as a budget and management analyst, a revenue research analyst, director of budget and management operations, director of program formulation and evaluation, and director of State information systems;

  (J) determined after hearing by the Board, upon petition of any individual desiring exclusion, of the employer, or of a collective bargaining unit, to be in a position that is so inconsistent with the spirit and intent of this chapter as to warrant exclusion; or

  (K) employed as a confidential employee.

  (6) “Employee organization” means an organization of any kind in which employees participate and that exists for the purpose of representing its members, if certified by the Board as an exclusive representative for the purposes of collective bargaining.

  (7)(A) “Employer” means the State of Vermont, excluding the Legislative and Judiciary Departments, represented by the Governor or designee, the Office of the Defender General represented by the Defender General or designee, Vermont State Colleges represented by the Chancellor or designee, and the University of Vermont represented by the President or designee.

  (B) With respect to employees of State’s Attorneys’ offices and full-time deputy sheriffs paid by the State pursuant to 24 V.S.A. § 290(b), “employer” means the Department of State’s Attorneys and Sheriffs represented by the Executive Director or designee. Nothing in this subdivision (7)(B) shall be construed to affect a sheriff’s deputation authority pursuant to 24 V.S.A. § 307(a).

  (8) “Strike” means any concerted stoppage of work by employees and any concerted slowdown, interference, or interruption of operations or services by employees. For purposes of this chapter, “strike” also includes boycotts of any kind, picketing, refusal to use any products or services or to work or cooperate with any person by employees in the course of their employment when properly directed to do so by the employer or any lawfully constituted supervisor or superior.

  (9) “Labor dispute” includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.

  (10) “Person” includes one or more individuals, the State of Vermont, Vermont State Colleges, University of Vermont, Department of State’s Attorneys and Sheriffs, employee organizations, labor organizations, partnerships, corporations, legal representatives, trustees, or any other natural or legal entity whatsoever.

  (11) “Representatives” includes any individual or individuals certified by the Board to represent employees or employee organizations in collective bargaining or grievance proceedings.

  (12) “State Police member” means any member of the Department of Public Safety assigned to law enforcement and police duties.

  (13) [Repealed.]

  (14) “Grievance” means an employee’s, group of employees’, or the employee’s collective bargaining representative’s expressed dissatisfaction, presented in writing, with aspects of employment or working conditions under a collective bargaining agreement or the discriminatory application of a rule or regulation, that has not been resolved to a satisfactory result through informal discussion with immediate supervisors.

  (15) “Complaint” means an employee’s, or group of employees’, informal expression to the immediate supervisor of dissatisfaction with aspects of employment or working conditions under a collective bargaining agreement.

  (16) “Supervisory employee” means an individual finally determined by the Board as having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees or responsibility to direct them or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment.

  (17) “Confidential employee” means an employee finally determined by the Board as having responsibility or knowledge or access to information relating to collective bargaining, personnel administration, or budgetary matters that would make membership in or representation by an employee organization incompatible with the employee’s official duties.

  (18) “Managerial employee” is an individual finally determined by the Board as being in an exempt or classified position that requires the individual to function as an agency, department, or institution head, a major program or division director, a major section chief, or director of a district operation.

  (19) “Collective bargaining service fee” means a fee deducted by an employer from the salary or wages of an employee who is not a member of an employee organization, which is paid to the employee organization that is the exclusive bargaining agent for the bargaining unit of the employee. The collective bargaining service fee shall not exceed 85 percent of the amount payable as dues by members of the employee organization and shall be deducted in the same manner as dues are deducted from the salary or wages of members of the employee organization and shall be used to defray the costs of chargeable activities. (Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 5, eff. April 3, 1972; 1975, No. 152 (Adj. Sess.), § 1; 1977, No. 109, §§ 4, 4a, 33(e); 1987, No. 177 (Adj. Sess.), § 2; 1993, No. 227 (Adj. Sess.), § 27; 1997, No. 92 (Adj. Sess.), §§ 1, 2; 2003, No. 156 (Adj. Sess.), § 15; 2013, No. 37, § 1; 2017, No. 81, § 3, eff. June 15, 2017; 2021, No. 125 (Adj. Sess.), § 1, eff. July 1, 2022; 2023, No. 6, § 2, eff. July 1, 2023.)

• § 903. Employees’ rights and duties; prohibited acts

  (a) Employees shall have the right to self-organization; to form, join, or assist employee organizations; to bargain collectively through representatives of their own choice, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities, except as provided in subsections (b) and (c) of this section, and to appeal grievances as provided in this chapter.

  (b) A State employee may not strike or recognize a picket line of an employee or labor organization while in the performance of his or her official duties.

  (c) An employee who exercises the right not to join the employee organization representing the employee’s collective bargaining unit shall pay the collective bargaining service fee to the representative of the bargaining unit in the same manner as employees who pay membership fees to the representative. The employee organization shall indemnify and hold the employer harmless from any and all claims stemming from the implementation or administration of the collective bargaining service fee. Nothing in this section shall require an employer to discharge an employee who does not pay the collective bargaining service fee.

  (d) All employers, their officers, agents, and employees or representatives shall exert every reasonable effort to make and maintain agreements concerning matters allowable under section 904 of this title and to settle all disputes, whether arising out of the application of those agreements or growing out of any dispute between the employer and the employees thereof.

  (e) Employees who are members of the employee organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from an employee, the employer shall, as soon as practicable and in any event, not later than 30 calendar days after receiving the authorization, commence withholding from the employee’s wages the amount of membership dues certified by the employee organization. The employer shall transmit the amount withheld to the employee organization on the same day as the employee is paid. Nothing in this subsection shall be construed to require a member of an employee organization to participate in automatic dues deduction. (Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 6; 1993, No. 227 (Adj. Sess.), § 28; 2013, No. 37, § 2; 2019, No. 180 (Adj. Sess.), § 4, eff. Jan. 1, 2021.)

• § 904. Subjects for bargaining

  (a) All matters relating to the relationship between the employer and employees shall be the subject of collective bargaining except those matters that are prescribed or controlled by statute. The matters appropriate for collective bargaining to the extent they are not prescribed or controlled by statute include:

  (1) wages, salaries, benefits, and reimbursement practices relating to necessary expenses and the limits of reimbursable expenses;

  (2) minimum hours per week;

  (3) working conditions;

  (4) overtime compensation and related matters;

  (5) leave compensation and related matters;

  (6) reduction-in-force procedures;

  (7) grievance procedures, including whether an appeal to the Vermont Labor Relations Board or binding arbitration, or both, will constitute the final step in a grievance procedure;

  (8) terms of coverage and amount of employee financial participation in insurance programs, except that the Department of State’s Attorneys and Sheriffs and the deputy State’s Attorneys, other employees of the State’s Attorneys’ offices, and deputy sheriffs paid by the State pursuant to 24 V.S.A. § 290(b) shall not bargain in relation to terms of coverage and the amount of employee financial participation in insurance programs;

  (9) rules for personnel administration, except the following: rules relating to persons exempt from the classified service under section 311 of this title and rules relating to applicants for employment in State service and employees in an initial probationary status, including any extension or extensions thereof, provided the rules are not discriminatory by reason of an applicant’s race, color, creed, sex, national origin, sexual orientation, gender identity, ancestry, place of birth, age, or physical or mental condition; and

  (10) the manner in which to enforce an employee’s obligation to pay the collective bargaining service fee.

  (b) This chapter shall not be construed to be in derogation of or contravene the spirit and intent of the merit system principles and the personnel laws. (Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 7, eff. April 3, 1972; 1977, No. 109, § 5; 1993, No. 227 (Adj. Sess.), § 29; 2013, No. 37, § 3; 2015, No. 35, § 2, eff. May 26, 2015; 2017, No. 81, § 4, eff. June 15, 2017; 2021, No. 125 (Adj. Sess.), § 5, eff. July 1, 2022.)

• § 905. Management rights

  (a) The Governor or designee for the State of Vermont, the Chancellor or designee for the Vermont State Colleges, the President or designee for the University of Vermont, and the Executive Director or designee for the Department of State’s Attorneys and Sheriffs shall act as the employer representatives in collective bargaining negotiations and administration. The representative shall be responsible for ensuring consistency in the terms and conditions in various agreements throughout the State service and ensuring compatibility with merit system statutes and principles and shall not agree to any terms or conditions for which there are not adequate funds available.

  (b) Subject to rights guaranteed by this chapter and subject to all other applicable laws, rules, and regulations, nothing in this chapter shall be construed to interfere with the right of the employer to:

  (1) carry out the statutory mandate and goals of the agency, or of the Colleges, and to utilize personnel, methods, and means in the most appropriate manner possible;

  (2) with the approval of the Governor, take whatever action may be necessary to carry out the mission of the agency in an emergency situation. (Added 1969, No. 113, § 1; amended 1987, No. 177 (Adj. Sess.), § 3; 2017, No. 81, § 5, eff. June 15, 2017.)

• § 906. Designation of managerial, supervisory, and confidential employees

  (a) The Commissioner of Human Resources shall determine those positions in the classified service whose incumbents the Commissioner believes should be designated as managerial, supervisory, or confidential employees. Any disputes arising from the determination shall be finally resolved by the Board.

  (b)(1) The Executive Director of the Department of State’s Attorneys and Sheriffs may determine positions in the State’s Attorneys’ offices whose incumbents the Executive Director believes should be designated as managerial, supervisory, or confidential employees. Any disputes arising from the determination shall be finally resolved by the Board.

  (2) The Executive Director of the Department of State’s Attorneys and Sheriffs may designate as a confidential employee not more than one deputy sheriff paid by the State pursuant to 24 V.S.A. § 290(b) who is assigned to the Department of State’s Attorneys and Sheriffs’ central office to serve as the coordinator for the other State-paid deputies. (Added 1971, No. 193 (Adj. Sess.), § 18, eff. April 3, 1972; amended 1977, No. 109, § 5a, eff. July 3, 1977; 2003, No. 156 (Adj. Sess.), § 15; 2017, No. 81, § 6, eff. June 15, 2017; 2021, No. 125 (Adj. Sess.), § 2, eff. July 1, 2022.)

• § 907. Designation of supervisory employees

  Classified employees in the management unit certified by the Board, who are determined to be supervisory employees as defined by section 902 of this title and who are not determined to be managerial or confidential employees as defined by section 902 of this title, shall remain members of that unit, which shall hereinafter be referred to as the “supervisory” unit. Employees who are determined to be supervisory employees under the provisions of section 906 of this title shall become members of the supervisory unit. A representative election shall not be required as a result of this change. (Added 1971, No. 193 (Adj. Sess.), § 19, eff. April 3, 1972; amended 1977, No. 109, § 5b, eff. July 3, 1977.)

• § 908. Designation of State’s Attorneys’ employees; statewide bargaining rights

  Employees of the State’s Attorneys’ offices shall be part of one or more statewide bargaining units, as determined to be appropriate by the Board pursuant to sections 927 and 941 of this title, for the purpose of bargaining collectively pursuant to this chapter. (Added 2017, No. 81, § 7, eff. June 15, 2017.)

• § 909. Access to new employees in bargaining unit

  (a) An employer shall provide the employee organization that is the exclusive representative of the employees in a bargaining unit with an opportunity to meet with each newly hired employee in the bargaining unit to present information about the employee organization.

  (b)(1) The meeting shall occur during the new employee’s orientation or, if the employer does not conduct an orientation for newly hired employees, within 30 calendar days from the date on which the employee was hired.

  (2) If the meeting is not held during the new employee’s orientation, it shall be held during the new employee’s regular work hours and at his or her regular worksite or a location mutually agreed to by the employer and the employee organization.

  (3) The employee organization shall be permitted to meet with the employee for not less than 60 minutes.

  (4) The employee shall be paid for attending the meeting at his or her regular rate of pay.

  (c)(1) Within 10 calendar days after hiring a new employee in a bargaining unit, the employer shall provide the employee organization with his or her name, job title, worksite location, work telephone number and e-mail address, home address, personal e-mail address, home and personal cellular telephone numbers, and date of hire to the extent that the employer is in possession of such information.

  (2) The employee’s home address, personal e-mail address, and home and personal cellular telephone numbers shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act.

  (d) The employer shall provide the employee organization with not less than 10 calendar days’ notice of an orientation for newly hired employees in a bargaining unit. (Added 2019, No. 180 (Adj. Sess.), § 10, eff. Jan. 1, 2021.)

• § 910. Annual list of employees in bargaining unit

  (a) Annually, or on a more frequent basis if mutually agreed to by the employer and the employee organization, the employer shall provide the employee organization that is the exclusive representative of a bargaining unit with a list of all employees in that bargaining unit.

  (b) The list shall include, as appropriate, each employee’s name, work location, job classification, and contact information. As used in this section, “contact information” includes an employee’s home address, personal e-mail address, and home and personal cellular telephone numbers to the extent that the employer is in possession of such information.

  (c) To the extent possible, the list shall be in alphabetical order by last name and provided in electronic format.

  (d) The list shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act. (Added 2019, No. 180 (Adj. Sess.), § 14, eff. Jan. 1, 2021.)

• § 911. Designation of deputy sheriffs paid by State; statewide bargaining rights

  (a) Deputy sheriffs paid by the State pursuant to 24 V.S.A. § 290(b) shall be part of a single, separate statewide bargaining unit, as determined to be appropriate by the Board pursuant to section 941 of this title, for the purpose of bargaining collectively pursuant to this chapter.

  (b) The bargaining unit created pursuant to this section shall be referred to as the State-Paid Deputy Sheriffs Unit. (Added 2021, No. 125 (Adj. Sess.), § 3, eff. July 1, 2022.)

• Subchapter 002: Labor Relations Board

• § 921. Creation; membership; compensation

  (a) There is hereby created a State Labor Relations Board composed of six members. The Governor shall appoint the members with the advice and consent of the Senate for a term of six years or for the member’s unexpired term from a list of nominees presented by the Labor Board Review Panel. The appointments shall be made within 60 days of an expired term or vacancy.

  (1) The Labor Board Review Panel shall be composed of five members to include the executive director of the Vermont Bar Association, the Commissioner of Labor, the State Court Administrator, and a representative of labor and a representative of employers, both of whom shall be appointed for two-year terms by the Commissioner of Labor from names provided by labor organizations and employers in the State. The Commissioner shall request names of potential representatives of labor and employers from at least three Vermont labor organizations and three Vermont employer organizations, respectively.

  (2) The Labor Board Review Panel shall:

  (A) At least 90 days prior to the expiration of a term or as soon as a vacancy is announced or created, request from both Vermont labor organizations and Vermont employer organizations, over which the Board has jurisdiction for dispute adjudication, and from organizations that train or employ persons to serve in a neutral role in labor management relations a list of nominees for each position that is to be filled. The Review Panel shall issue public notices of vacancies on the Board. An individual may apply for consideration as a nominee for a vacant Board position.

  (B)(i) Consider the experience, knowledge, character, integrity, judgment, and ability to act in a fair and impartial manner of each nominee in compiling a list of nominees for Board membership. The Review Panel shall consider the skills, perspectives, and experience of the nominees and ensure a continuing balance on the Board of labor, management, and neutral backgrounds in determining those nominees qualified to be forwarded to the Governor under subdivision (C) of this subdivision (2).

  (ii) For each individual that the Panel is considering forwarding to the Governor under subdivision (C) of this subdivision (2), the Panel shall interview the individual and contact at least one individual who can serve as a reference for the individual under consideration.

  (iii) “Nominees with neutral backgrounds” means individuals in high standing not connected with any labor organization or management position, and who can be reasonably considered to be able to serve as an impartial individual.

  (C) Submit to the Governor a list of nominees whom the Panel has determined to be qualified for membership on the Board, from which the Governor shall appoint the members for unexpired terms or to fill vacancies. The Governor may request additional names from the Panel.

  (3) To be eligible for appointment to the Board an individual shall be a citizen of the United States and resident of the State of Vermont for one year immediately preceding appointment. A member of the Board may not hold any other State office.

  (4) Each case that comes before the Board for a hearing shall be heard and decided by a panel of three or five members appointed by the Board Chair. Two members of a three-member panel and three members of a five-member panel shall constitute a quorum with authority to conduct a hearing, provided that all members of the Panel shall review the record and participate in the Panel’s decision. The Board may review a proposed decision by a Panel prior to its issuance for the sole purpose of insuring that questions of law are being decided in a consistent manner.

  (b) The Board shall elect a Chair from its members every two years.

  (c) The Board may not be attached to any State department or agency and shall operate independently.

  (d) The members of the Board, except the Chair or the Chair of a Board panel, shall be entitled to compensation of $125.00 a day for time spent in the performance of their duties. The Chair or the Chair of a Board panel shall be entitled to compensation in the amount of $175.00 a day for time spent in the performance of his or her duties. The members including the Chair shall be reimbursed for their necessary expenses incurred in the performance of their duties.

  (e) The Board may not issue orders for the implementation of which the Legislature has not appropriated adequate funds. (Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 21, eff. April 3, 1972; 1975, No. 152 (Adj. Sess.), § 2; 1979, No. 59, § 30; 1985, No. 133 (Adj. Sess.), § 1; 1987, No. 183 (Adj. Sess.), § 18; 2005, No. 187 (Adj. Sess.), § 1, eff. May 25, 2006; 2018, No. 2 (Sp. Sess.), § 14; 2021, No. 20, § 4.)

• § 922. Office space; employees

  (a) The Secretary of Administration shall, upon request by the State Labor Relations Board, allow the Board the responsible use of public buildings under his or her control and furnish heat, light and furniture for any meeting or hearing called by the Board.

  (b) The Board may employ such employees and agents as it deems necessary, and may employ a reporter for taking and transcribing testimony in hearing before it. (Added 1969, No. 113, § 1; amended 1975, No. 152 (Adj. Sess.), § 3.)

• § 923. Legal counsel

  The Board may retain an attorney or attorneys qualified in labor law to represent it in all matters under this chapter. (Added 1969, No. 113, § 1.)

• § 924. Powers and duties

  (a) [Repealed.]

  (b) In all proceedings under this chapter, no evidence shall be admitted or considered that relates to conduct or statements made in compromise negotiations, including mediation, unless otherwise agreed to by the parties. This subsection does not require exclusion of evidence otherwise obtainable from independent sources because it was presented in the course of compromise negotiations nor does it require exclusion of evidence offered for another purpose, such as proving bias or prejudice of a witness, negating a contention of undue delay, or proving an effort to obstruct an investigation.

  (c) Until a transcript of the record in a case is filed in a court under this chapter, the Board at any time upon reasonable notice and in such manner as it considers proper may modify or set aside wholly or partially a finding made or order issued by it.

  (d) The Board may appoint a mediator to assist in resolving differences.

  (e) In addition to its responsibilities under this chapter, the Board shall carry out the responsibilities given to it under 21 V.S.A. chapters 19 and 22 and chapter 28 of this title and when so doing shall exercise the powers and follow the procedures set out in that chapter.

  (f) The Board may cooperate with other agencies, either of the United States or of another state, in all matters concerning the powers and duties of the Board under this chapter and particularly in relation to agreements providing for the ceding to the Board by the National Labor Relations Board of jurisdiction over cases in any industry predominantly local in character. (Added 1969, No. 113, § 1; amended 1975, No. 152 (Adj. Sess.), § 4; 1997, No. 92 (Adj. Sess.), § 3; 2005, No. 194 (Adj. Sess.), § 1; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.)

• § 925. Mediation; fact finding

  (a) Whenever the representatives of a collective bargaining unit and the representative of the employer, after a reasonable period of negotiation reach an impasse during the course of collective bargaining on subjects defined in section 904 of this title, the Board, upon petition of either or both parties, may authorize the parties to submit their differences to mediation. The Board shall within five days appoint a mediator who shall communicate with the employer and the employees or their representatives and endeavor by mediation to obtain an amicable settlement. Any mediator so appointed shall be a person of high standing in no way actively connected with labor or management.

  (b) If after a reasonable period of time not less than 15 days after the appointment of a mediator the impasse is not resolved, the mediator shall certify to the Board that the impasse continues. The Board shall appoint a fact finder mutually agreed upon by the parties. If the parties do not agree, the Board may appoint a neutral third party to act as fact finder pursuant to rules adopted by the Board.

  (c) [Repealed.]

  (d) The fact finder shall conduct hearings, pursuant to rules established by the Board. Upon request of either party or of the fact finder, the Board may issue subpoenas of persons and documents for the hearings and the fact finder may require that testimony be given under oath and may administer oaths.

  (e) Nothing herein shall prohibit a fact finder from endeavoring to mediate the dispute, which the fact finder is considering, at any time prior to the issuance of recommendations.

  (f) The fact finder shall consider, if applicable to the issues, the following factors, among others, in making a recommendation:

  (1) wage and salary schedules and employee benefits to the extent they are inconsistent with prevailing rates both internally and in commerce and industry for comparable work within the State;

  (2) work schedules relating to assigned hours and days of the week as they relate to the employee’s needs and the general public’s requirement for continual service;

  (3) general working conditions as they compare with generally accepted safety standards and conditions prevailing in commerce and industry within the State.

  (g) Upon completion of the hearings, the fact finder shall make and file with both parties written findings and recommendations.

  (h) The costs of witnesses and other expenses incurred by either party in fact-finding proceedings shall be paid directly by the party incurring them, and the costs and expenses of the fact finder shall be divided equally between the parties. Each party shall make payment of its half of the total to the fact finder within 15 days after receipt of the fact finder’s bill.

  (i)(1) In the case of the Vermont State Colleges or the University of Vermont, if the dispute remains unresolved 20 days after transmittal of findings and recommendations to the parties or within a time frame mutually agreed upon by the parties that may be not more than an additional 30 days, each party shall submit as a single package its last best offer on all disputed issues to the Board. Each party’s last best offer shall be filed with the Board under seal and shall be unsealed and placed in the public record only when both parties’ last best offers are filed with the Board. The Board shall hold one or more hearings. Within 30 days of the certifications, the Board shall select between the last best offers of the parties, considered in their entirety without amendment.

  (2)(A) In the case of the State of Vermont or the Department of State’s Attorneys and Sheriffs, if the dispute remains unresolved 20 days after transmittal of findings and recommendations to the parties or within a time frame mutually agreed upon by the parties that may be not more than an additional 30 days, each party shall submit as a single package its last best offer on all disputed issues to the Board, or upon the request of either party, to an arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator, the American Arbitration Association shall appoint a neutral third party to act as arbitrator.

  (B)(i) Each party’s last best offer shall be filed with the Board or the arbitrator under seal and shall be unsealed and placed in the public record only when both parties’ last best offers are filed with the Board or the arbitrator.

  (ii) A party’s last best offer shall not include a proposal to:

  (I) provide alternative health coverage to retired State employees that has not been agreed to pursuant to the provisions of subdivision 479(a)(2) of this title; or

  (II) provide health coverage that includes a Medicare Advantage plan or similar plan established pursuant to Title XVIII of the Social Security Act unless the inclusion of the plan has been agreed to by both parties.

  (iii) The Board or the arbitrator shall hold one or more hearings. Within 30 days of the certifications, the Board or the arbitrator shall select between the last best offers of the parties, considered in their entirety without amendment.

  (j) Notwithstanding the provisions of subsection (i) of this section:

  (1) In the case of the Vermont State Colleges or the University of Vermont, should the Board find the last best offers of both parties unreasonable and likely to produce undesirable results, or likely to result in a long-lasting negative impact upon the parties’ collective bargaining relationship, then the Board may select the recommendation of the fact finder under subsection (g) of this section as to those disputed issues submitted to the Board in the last best offers.

  (2) In the case of the State of Vermont or the Department of State’s Attorneys and Sheriffs, should the Board or the arbitrator find the last best offers of both parties unreasonable and likely to produce undesirable results, or likely to result in a long-lasting negative impact upon the parties’ collective bargaining relationship, then the Board or the arbitrator may select the recommendation of the fact finder under subsection (g) of this section as to those disputed issues submitted to the Board or the arbitrator in the last best offers.

  (k)(1) In the case of the University of Vermont or the Vermont State Colleges, the decision of the Board shall be final and binding on each party.

  (2) In the case of the State of Vermont or the Department of State’s Attorneys and Sheriffs, the decision of the Board or the arbitrator shall be final, and the terms of the chosen agreement shall be binding on each party, subject to appropriations in accordance with subsection 982(d) of this title.

  (l) Nothing herein shall be construed to permit an arbitrator or the Board to issue an order under subsection (i) of this section binding upon the parties that is in conflict with any statute or any rule or regulation that is not bargainable. (Added 1969, No. 113, § 1; amended 1971, No. 185 (Adj. Sess.), § 2, eff. March 29, 1972; 1971, No. 193 (Adj. Sess.), § 8, eff. April 3, 1972; 1977, No. 109, § 6; 1987, No. 177 (Adj. Sess.), § 4; 2005, No. 71, § 178a, eff. June 21, 2005; 2005, No. 1 (Spec. Sess.), § 1; 2005, No. 194 (Adj. Sess.), § 2; 2011, No. 22, § 1; 2017, No. 81, § 8, eff. June 15, 2017; 2019, No. 61, § 21; 2023, No. 78, § E.108.2, eff. July 1, 2023.)

• § 926. Grievances

  (a) The Board shall hear and make a final determination on the grievances of all employees who are eligible to appeal grievances to the Board. Grievance hearings at the Board level shall be conducted in accordance with the rules and regulations adopted by the Board. The right to institute grievance proceedings extends to individual employees, groups of employees, and collective bargaining units.

  (b) A collective bargaining agreement may provide for binding arbitration as a final step of a grievance procedure, rather than a hearing by the Board. An agreement that includes a binding arbitration provision shall also include the procedure for selecting an arbitrator.

  (c) If a collective bargaining agreement provides for binding arbitration as a final step of a grievance procedure, the agreement may also establish:

  (1) procedural rules for conducting grievance arbitration proceedings;

  (2) whether grievance arbitration proceedings will be confidential; and

  (3) whether arbitrated grievance determinations will have precedential value.

  (d) An arbitrator chosen or appointed under this section shall have no authority to add to, subtract from, or modify the collective bargaining agreement.

  (e) Any collective bargaining agreement that contains a binding arbitration provision pursuant to this section shall include an acknowledgement of arbitration that provides substantially the following:

  ACKNOWLEDGEMENT OF ARBITRATION

  (The parties) understand that this agreement contains a provision for binding arbitration as a final step of the grievance process. After the effective date of this agreement, no grievance, submitted to binding arbitration, may be brought to the Vermont Labor Relations Board. An employee who has declined representation by the employee organization or whom the employee organization has declined to represent or is unable to represent, shall be entitled, either by representing himself or herself or with the assistance of independent legal counsel, to appeal his or her grievance to the Vermont Labor Relations Board as the final step of the grievance process in accordance with the rules and regulations adopted by the Board.

  (f) This section shall not apply to labor interest arbitration, which as used in this chapter means the method of concluding labor negotiations by means of a disinterested person to determine the terms of a labor agreement.

  (g) A party may apply to the arbitrator for a modification of an award if the application is made within 30 days after delivery of a copy of the award to the applicant. An arbitrator may modify an award only if the arbitrator finds any one of the following:

  (1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award.

  (2) The award was based on a matter not submitted to the arbitrator, and the award may be corrected without affecting the merits of the decision on the issues submitted.

  (3) The award was imperfect in form and the award may be corrected without affecting the merits of the controversy.

  (h) A party may apply to the Civil Division of the Superior Court for review of the award provided the application is made within 30 days after delivery of a copy of the award to the applicant or, in the case of a claim of corruption, fraud, or other undue means, the application is made within 30 days after those grounds are known or should have been known. The Civil Division of the Superior Court shall vacate an arbitration award based on any of the following:

  (1) The award was procured by corruption, fraud, or other undue means.

  (2) There was partiality or prejudicial misconduct by the arbitrator.

  (3) The arbitrator exceeded his or her power or rendered an award requiring a person to commit an act or engage in conduct prohibited by law.

  (i) The Board shall hear and make a final determination on the grievances of all retired individual employees of the University of Vermont, groups of such retired individuals, and retired collective bargaining unit members of the University of Vermont. Grievances shall be limited to those relating to compensation and benefits that were accrued during active employment but are received after retirement. As used in this subsection, “grievance” means an allegation of a violation of a collective bargaining agreement, employee handbook provision, early retirement plan, individual separation agreement or other documented agreement, or rule or regulation of the University of Vermont. (Added 1969, No. 113, § 1; amended 1977, No. 109, § 7, eff. July 3, 1977; 2007, No. 107 (Adj. Sess.), § 1; 2015, No. 35, § 1, eff. May 26, 2015.)

• § 927. Appropriate unit

  (a) The Board shall decide the unit appropriate for the purpose of collective bargaining in each case and those employees to be included therein, in order to assure the employees the fullest freedom in exercising the rights guaranteed by this chapter.

  (b) In determining whether a unit is appropriate under subsection (a) of this section, the extent to which the employees have organized is not controlling.

  (c) The Board may decline recognition to any group of employees as a collective bargaining unit if, upon investigation and hearing, it is satisfied that the employees will not constitute an appropriate unit for purposes of collective bargaining or if recognition will result in over-fragmentation of state employee collective bargaining units. In case such a determination is made, the provisions of subchapter 3 of this chapter shall not become operative in that instance. (Added 1969, No. 113, § 1.)

• § 928. Rules

  (a) The Board, as necessary to carry out the provisions of this chapter, shall adopt and may amend and rescind rules consistent with this chapter.

  (b) Notwithstanding the provisions of subsection (a) of this section, rules adopted by the Board as they relate to grievance appeals shall provide:

  (1) If a collective bargaining agreement provides that an appeal to the Board will constitute the final step in the grievance procedure, all employees and other persons authorized by this chapter shall have the right to appeal to the Board in accordance with the rules of the Board.

  (2) That a reasonable notice be given to the State agency or officer, and State employee, and the representative concerned and to the Commissioner of Human Resources.

  (3) That all hearings of the Board shall be public and, unless both parties concerned request that it be formal, hearings shall be informal and not subject to the rules of pleadings, procedure, and evidence of the courts of the State.

  (4) That all parties in interest to any appeal shall be entitled to be heard on any matter at issue.

  (5) That in appeals from the decisions of the Department of Human Resources or any State agency or officer, the State agency and officer and the State employee shall be parties in interest, and the Commissioner of Human Resources or the collective bargaining representative on motion, may intervene as a party in interest.

  (6) That the parties at interest shall have the right to present witnesses, give evidence, and examine witnesses before the Board.

  (7)(A)(i) That the name of any grievant whom the Board exonerates of misconduct for which he or she was disciplined shall be redacted from the version of the Board’s decision that is posted on the Board’s website.

  (ii) Nothing in this subdivision (7)(A) shall be construed to require the Board to redact the name of the grievant from any other version of the Board’s decision or from any other documents related to the grievance.

  (B) Nothing in this subdivision (7) shall be construed to modify an individual’s right to privacy pursuant to any law, rule, or policy. (Added 1969, No. 113, § 1; amended 1977, No. 109, § 8, eff. July 3, 1977; 1987, No. 243 (Adj. Sess.), § 9, eff. June 13, 1988; 2003, No. 156 (Adj. Sess.), § 15; 2015, No. 35, § 3, eff. May 26, 2015; 2015, No. 101 (Adj. Sess.), § 1; 2017, No. 74, § 3.)

• § 929. Records to be public

  All findings, conclusions, and determinations of the Board and the records of all hearings and other proceedings, unless otherwise provided by law, shall be public records. (Added 1969, No. 113, § 1.)

• Subchapter 003: Certification Procedure

• § 941. Unit determination, certification, and representation

  (a) The Board shall determine issues of unit determination, certification, and representation in accordance with this chapter.

  (b) No bargaining unit or collective bargaining representative shall be recognized by the employer until the Board has determined the appropriate unit to be represented and has formally certified its determination.

  (c)(1) A petition may be filed with the Board, in accordance with procedures prescribed by the Board by an employee or group of employees, or any individual or employee organization purporting to act on their behalf, alleging by filing a petition or petitions bearing signatures of not less than 30 percent of the employees that they wish to form a bargaining unit and be represented for collective bargaining, or that the individual or employee organization currently certified as the bargaining agent is no longer supported by at least 51 percent of the employees in the bargaining unit, or that they are now included in an approved bargaining unit and wish to form a separate bargaining unit under Board criteria for purposes of collective bargaining. The employee, group of employees, individual, or employee organization that files the petition, shall, at the same time that the petition is filed with the Board, provide a copy of the petition to the employer and, if appropriate, the current bargaining agent.

  (2)(A)(i) An employer shall, not more than seven business days after receiving a copy of the petition, file any objections to the appropriateness of the proposed bargaining unit and raise any other unit determination issues with the Board and provide a copy of the filing to the employee, group of employees, individual, or employee organization that filed the petition.

  (ii) A hearing shall be held before the Board pursuant to subdivision (d)(1)(B) of this section in the event the employer challenges the appropriateness of the proposed bargaining unit, provided that a hearing shall not be held if the parties stipulate to the composition of the appropriate bargaining unit and resolve any other unit determination issues before the hearing.

  (iii) The Board may endeavor to informally mediate any dispute regarding the appropriateness of the proposed bargaining unit prior to the hearing.

  (B)(i) Within five business days after receiving a copy of the petition, the employer shall file with the Board and the employee or group of employees, or the individual or employee organization purporting to act on their behalf, a list of the names and job titles of the employees in the proposed bargaining unit. To the extent possible, the list of employees shall be in alphabetical order by last name and provided in electronic format.

  (ii) An employee or group of employees, or any person purporting to act on their behalf, that is seeking to demonstrate that the current bargaining agent is no longer supported by at least 51 percent of the employees in the bargaining unit shall not be entitled to obtain a list of the employees in the bargaining unit from the employer pursuant to this subdivision (c)(2)(B), but may obtain a list pursuant to subdivision (e)(3) of this section after the Board has investigated its petition and determined that a secret ballot election shall be conducted.

  (iii) The list shall be kept confidential and shall be exempt from copying and inspection under the Public Records Act.

  (d) The Board, a Board member, or a person or persons designated by the Board shall investigate the petition and do one of the following:

  (1) Determine that the petition has made a sufficient showing of interest pursuant to subdivision (c)(1) of this section.

  (2)(A) If it finds reasonable cause to believe that a question of unit determination or representation exists, the Board shall schedule a hearing to be held before the Board not more than ten business days after the petition was filed with the Board.

  (B) Once scheduled, the date of the hearing shall not be subject to change except as provided pursuant to subdivision (e)(4) of this section.

  (C) Hearing procedure and notification of the results of the hearing shall be in accordance with rules adopted by the Board, except that the parties shall only be permitted to submit posthearing briefs within not more than five business days after the hearing if the parties mutually agree to do so or if the Board requests that the parties submit posthearing briefs.

  (D) The Board shall issue its decision as soon as practicable and, in any event, not more than five business days after the hearing or the submission of any posthearing briefs.

  (3) If the Board finds an absence of substantive evidence, it shall dismiss the petition.

  (e)(1) Whenever, on the basis of a petition pursuant to subdivision (d)(1) of this section or a hearing pursuant to subdivision (d)(2) of this section, the Board finds substantial interest among employees in forming a bargaining unit or being represented for purposes of collective bargaining, a secret ballot election shall be conducted by the Board not more than 23 business days after the petition is filed with the Board except as otherwise provided pursuant to subdivision (4) of this subsection.

  (2) The election shall be conducted so that it shows separately the wishes of the employees in the voting group involved as to the determination of the collective bargaining unit, including the right not to be organized. The collective bargaining unit or collective bargaining representative shall be recognized and certified by the Board upon a majority vote of the employees voting.

  (3)(A) The employer shall file with the Board and the other parties a list of the employees in the bargaining unit within two business days after the Board determines that a secret ballot election shall be conducted.

  (B) The list shall include, as appropriate, each employee’s name, work location, shift, job classification, and contact information. As used in this subdivision (3), “contact information” includes an employee’s home address, personal e-mail address, and home and personal cellular telephone numbers to the extent that the employer is in possession of such information.

  (C) To the extent possible, the list of employees shall be in alphabetical order by last name and provided in electronic format.

  (D) The list shall be:

  (i) kept confidential by the Board and all of the parties; and

  (ii) shall be exempt from copying and inspection under the Public Records Act.

  (E) Failure to file the list within the time required pursuant to subdivision (A) of this subdivision (3) may be grounds for the Board to set aside the results of the election if an objection is filed within the time required pursuant to the Board’s rules.

  (4) The Board may, upon the request of any party or on its own motion, extend any time period set forth in this subsection or in subsections (c) and (d) of this section for good cause, provided that the election shall be conducted, or, in the event of a mail ballot election, that ballots are mailed to the employees, within not more than 60 calendar days after the date the petition is filed pursuant to subsection (c) of this section. The Board may further extend the time to conduct the election by not more than 30 additional calendar days upon the mutual agreement of the parties or if it determines that extraordinary circumstances have made such an extension necessary.

  (f) In determining the appropriateness of a collective bargaining unit, the Board shall take into consideration but not be limited to the following criteria:

  (1) The authority of governmental officials at the unit level to take positive action on matters subject to negotiation.

  (2) The similarity or divergence of the interests, needs, and general conditions of employment of the employees to be represented. The Board may, in its discretion, require that a separate vote be taken among any particular class or type of employees within a proposed unit to determine specifically if the class or type wishes to be included.

  (3) Whether over-fragmentation of units among State employees will result from certification to a degree that is likely to produce an adverse effect either on effective representation of State employees generally, or upon the efficient operation of State government.

  (g)(1) In determining the representation of State employees in a collective bargaining unit, the Board shall conduct a secret ballot of the employees within the time period set forth in subdivision (e)(1) of this section, unless the time to conduct the election is extended pursuant to subdivision (e)(4) of this section, and certify the results to the interested parties and to the State employer. The original ballot shall be so prepared as to permit a vote against representation by anyone named on the ballot. No representative will be certified with less than a majority of the votes cast by employees in the bargaining unit.

  (2) If in such election none of the choices receive a majority of the votes cast, a runoff election shall be conducted, the ballot providing for a selection between two choices receiving the largest and second largest number of valid votes cast in the original election.

  (3) The Board’s certification of the results of any election shall be conclusive as to findings unless reviewed under proceedings instituted for the prevention of prohibited practices in section 965 of this title.

  (h) A representative chosen by secret ballot for the purposes of collective bargaining by a majority of the votes cast shall be the exclusive representative of all the employees in such unit for a minimum of one year. Such representative shall be eligible for reelection.

  (i) The Board, by rule, shall prescribe a uniform procedure for the resolution of employee grievances submitted through the collective bargaining machinery. If the collective bargaining agreement does not provide that binding arbitration will be the final step of the negotiated grievance procedure pursuant to section 926 of this chapter, the final step of the negotiated grievance procedure, if required, shall be a hearing and final determination by the Board. Grievance hearings conducted by the Board shall be informal and not subject to the rules of pleading procedure, and evidence of the courts of the State. Any employee or group of employees included in a duly certified bargaining unit may be represented before the Board by its bargaining representative’s counsel or designated executive staff employees or by any individual the Board may permit at its discretion.

  (j) Any individual employee or group of employees shall have the right at any time to present complaints to their employer informally, and to have such complaints considered in good faith with or without the intervention of the bargaining representative. Adjustments shall not be inconsistent with the terms of a collective bargaining contract or agreement then in effect. All such complaints shall be considered and a decision formulated and the complainant informed thereof within 15 days of presentment.

  (k) Nothing in this chapter requires an individual to seek the assistance of his or her collective bargaining unit or its representative(s) in any grievance proceeding. He or she may represent himself or herself or be represented by counsel of his or her own choice or may avail himself or herself of the unit representative in grievance proceedings.

  (l) [Repealed.] (Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), §§ 9-11, eff. April 3, 1972; 1973, No. 176 (Adj. Sess.), §§ 1-4; 1975, No. 52; 1977, No. 109, §§ 10, 33(e), eff. July 3, 1977; 1993, No. 227 (Adj. Sess.), § 30; 2013, No. 37, § 4; 2015, No. 35, § 4, eff. May 26, 2015; 2019, No. 180 (Adj. Sess.), § 1, eff. Jan. 1, 2021.)

• § 942. Election conduct

  Any interested person may file with the Board a charge that employees eligible to vote in an election under this chapter have been coerced or restrained in the exercise of this right. The Board shall investigate and conduct hearings into the validity of the charge. If, upon the basis of its findings, the Board concludes that employees eligible to vote in the election were so coerced or restrained, the Board may set aside such election and order another election under the provisions of this subchapter. No election shall be set aside unless the Board finds such coercion or restraint. (Added 1969, No. 113, § 1.)

• Subchapter 004: Unfair Labor Practices

• § 961. Employers

  It shall be an unfair labor practice for an employer:

  (1) to interfere with, restrain, or coerce employees in the exercise of their rights guaranteed by section 903 of this title, or by any other law, rule, or regulation;

  (2) to dominate or interfere with the formation or administration of any employee organization or contribute financial or other support to it; provided that an employer shall not be prohibited from permitting employees to confer with the employer during working hours without loss of time or pay;

  (3) by discrimination in regard to hire and tenure of employment or any term or condition of employment to encourage or discourage membership in any employee organization;

  (4) to discharge or otherwise discriminate against an employee because the employee has filed charges or complaints or given testimony under this chapter;

  (5) to refuse to bargain collectively with representatives of the employees subject to the provisions of subchapter 3 of this chapter;

  (6) to discriminate against an employee on account of race, color, creed, religion, age, disability, sex, sexual orientation, gender identity, or national origin;

  (7) to request or require an applicant, prospective employee or employee to have an HIV-related blood test as a condition of employment;

  (8) to discriminate against an applicant, prospective employee or employee on the basis of a person’s having a positive test result from an HIV-related blood test. (Added 1969, No. 113, § 1; amended 1987, No. 176 (Adj. Sess.), § 3; 1991, No. 135 (Adj. Sess.), § 2; 1999, No. 19, § 1; 2007, No. 41, § 2.)

• § 962. Employees

  It shall be an unfair labor practice for an employee organization or its agents:

  (1) To restrain or coerce employees in the exercise of the rights guaranteed to them by law, rule, or regulation. However, this subdivision shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership therein, provided such rules are not discriminatory.

  (2) To restrain or coerce an employer in the selection of his or her representatives for the purposes of collective bargaining or adjustments of grievances.

  (3) To cause or attempt to cause an employer to discriminate against an employee in violation of section 961 of this title or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than his or her failure to tender the periodic dues and the initiation fees uniformly required as a condition for acquiring or retaining membership.

  (4) To refuse to bargain collectively with an employer, provided it is the representative of the employer’s employees subject to the provisions of subchapter 3 of this chapter.

  (5) To engage in, or to induce or encourage any individual employed by any person to engage in, a strike or a refusal in the course of his or her employment to use, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any authorized functions.

  (6) To threaten, coerce, or restrain any person where in either case an object thereof is:

  (A) Forcing or requiring any State employee to join any employee organization or to enter into any agreement that is prohibited by the provisions of this chapter.

  (B) Forcing or requiring any employer or employee to cease using, handling, transporting, or otherwise dealing in the products of a producer, processor, or manufacturer, or to cease doing business with any other person, in the course of regular State business, or forcing, or requiring the employer to recognize or bargain with an employee organization as the representative of his or her employees unless such employee organization has been certified as the representative of such employees under the provisions of subchapter 3 of this chapter.

  (C) Forcing or requiring the employer to recognize or bargain with a particular employee organization as the representative of his or her employees if another employee organization has been certified as the representative of those employees under subchapter 3 of this chapter.

  (D) Forcing or requiring the employer to assign particular work to employees in a particular position class or employee organization rather than to employees in another position class or employee organization unless such employer is failing to conform to an order of certification of the Board determining the bargaining representative for employees performing that work.

  (7) To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value in the nature of an exaction, for services that are not performed or not to be performed or that are not needed or required by the employer.

  (8) To picket or cause to be picketed, or threaten to picket or cause to be picketed, the employer where an object thereof is forcing or requiring the employer to recognize or bargain with an employee organization as the representative of his or her employees, or forcing or requiring the employees of an employer to accept or select the employee organization as their collective bargaining representative.

  (9) To engage in activities unlawful under section 903 of this title.

  (10) To charge a collective bargaining service fee unless such employee organization has established and maintained a procedure to provide nonmembers with:

  (A) an audited financial statement that identifies the major categories of expenses, and divides them into chargeable and nonchargeable expenses;

  (B) an opportunity to object to the amount of the collective bargaining service fee sought, any amount reasonably in dispute to be placed in escrow;

  (C) prompt arbitration by the Board to resolve any objection over the amount of the collective bargaining service fee. (Added 1969, No. 113, § 1; amended 1977, No. 109, § 11, eff. July 3, 1977; 1993, No. 227 (Adj. Sess.), § 31; 2013, No. 37, § 5; 2017, No. 74, § 4; 2021, No. 20, § 5.)

• § 963. Membership; employees’ rights

  An employee organization entering into an agreement shall not:

  (1) discriminate against a person seeking or holding membership therein on account of race, color, creed, religion, age, disability, sex, sexual orientation, gender identity, or national origin;

  (2) penalize a member for exercising a right guaranteed by the Constitution or laws of the United States or the State of Vermont;

  (3) cause or attempt to cause the discharge from employment of employees who refuse membership therein because of religious beliefs. (Added 1969, No. 113, § 1; amended 1991 No. 135 (Adj. Sess.), § 3; 1999, No. 19, § 2; 2007, No. 41, § 3.)

• § 964. Business and products of other employers

  It shall be an unfair labor practice for any employee organization and any employer to enter into any contract or agreement, express or implied, whereby the employer ceases or refrains or agrees to cease or refrain from handling, using, selling, transporting, or otherwise dealing in any of the products of any other person, or to cease doing business with any other person, and any contract or agreement entered into before or after enactment of this chapter containing such an agreement shall be to that extent unenforceable and void. (Added 1969, No. 113, § 1.)

• § 965. Prevention of unfair practices

  (a) The Board may prevent any person from engaging in any unfair labor practice listed in sections 961-962 of this title. Whenever a charge is made that any person has engaged in or is engaging in any unfair labor practice, the Board may issue and cause to be served upon that person a complaint stating the charges in that respect and containing a notice of hearing before the Board at a place and time therein fixed at least seven days after the complaint is served. The Board may amend the complaint at any time before it issues an order based thereon. No complaint shall issue based on any unfair labor practice occurring more than six months prior to the filing of the charge with the Board and the service of a copy thereof upon the person against whom such charge is made, unless the person aggrieved thereby was prevented from filing the charge by reason of service in the U.S. Armed Forces, in which event the six-month period shall be computed from the day of his or her discharge.

  (b) The person complained of shall have the right to file an answer to the original or amended complaint and appear in person or otherwise and present evidence in connection therewith at the time and place fixed in the complaint. In the discretion of the Board, any other person may be permitted to intervene and present evidence in the matter. Any proceeding under this section shall, so far as practicable, be conducted in accordance with Rules of Evidence used in the courts. The Board shall provide for the making of a transcript of the testimony presented at the hearing.

  (c) The Board shall have power to administer oaths and take testimony under oath relative to the matter of inquiry. At any hearing ordered by the Board, the Board shall have the power to subpoena witnesses and to demand the production of books, papers, records, and documents for its examination. Officers who serve subpoenas issued by the Board and witnesses attending hearings conducted by the Board shall receive fees and compensation at the same rates as officers and witnesses in causes before a Criminal Division of the Superior Court, to be paid on vouchers of the Board.

  (d) If upon the preponderance of the evidence, the Board finds that any person named in the complaint has engaged in or is engaging in any such unfair labor practice, it shall state its finding of fact in writing and shall issue and cause to be served on that person an order requiring him or her to cease and desist from the unfair labor practice, and to take such affirmative action as will carry out the policies of this chapter. If upon the preponderance of the evidence the Board does not find that the person named in the complaint has engaged in or is engaging in any unfair labor practice, it shall state its findings of fact in writing and dismiss the complaint.

  (e) In determining whether a complaint shall issue alleging a violation of subdivision 961(1) or (2) of this title, and in deciding those cases, the same regulations and rules of decision shall apply irrespective of whether or not an employee organization affected is affiliated with an employee organization national or international in scope.

  (f) No order of the Board shall require the reinstatement of any individual as an employee who has been suspended or discharged or the payment to him or her of any back pay, if such individual was suspended or discharged for cause, except through the grievance procedures. (Added 1969, No. 113, § 1; amended 2009, No. 154 (Adj. Sess.), § 238.)

• § 966. Freedom of expression

  The expressing of any views, argument or opinion, or the dissemination thereof, whether in written, printed, graphic, oral or visual form, shall not constitute or be evidence of an unfair labor practice under this chapter, if such expression contains no threat of reprisal or force or promise of benefit. (Added 1969, No. 113, § 1.)

• Subchapter 004A: Whistleblower Protection

• § 971. Intent of subchapter

  A State employee, as a trustee and servant of the people, shall be free to report, in good faith and with candor, waste, fraud, abuse of authority, violations of law, or a threat to the health of employees, the public, or persons under the care of the State without fear of reprisal, intimidation, or retaliation. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)

• § 972. Definitions

  As used in this subchapter:

  (1) “Department head” means a secretary of an agency, commissioner of a department, director of an office, or any other appointing authority in charge of an agency of State government.

  (2) “Illegal order” means a directive to violate, or to assist in violating, a federal, State, or local law.

  (3) “Public body” means:

  (A) a department head or employee specifically designated or assigned to receive a complaint that constitutes protected activity under this chapter;

  (B) a board or commission of State government;

  (C) the Vermont State Auditor;

  (D) a State or federal agency that oversees the activities of a State agency;

  (E) a law enforcement officer as defined in 20 V.S.A. § 2358(d)(1);

  (F) a federal or State court, grand jury, petit jury, law enforcement agency, or prosecutorial office;

  (G) the General Assembly or the U.S. Congress; or

  (H) an officer or employee of an entity listed in this subdivision (3) when acting within the scope of his or her duties.

  (4) “Retaliatory action” includes any adverse performance or disciplinary action, including discharge, suspension, reprimand, demotion, denial of promotion, imposition of a performance warning period, or involuntary transfer or reassignment that is given in retaliation for the State employee’s involvement in a protected activity, as set forth in section 973 of this title.

  (5) “State employee” means an individual employed on a permanent or limited status basis by the State of Vermont. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008; amended 2013, No. 141 (Adj. Sess.), § 13, eff. July 1, 2015.)

• § 973. Protected activity

  (a) A State agency, department, appointing authority, official, or employee shall not engage in retaliatory action against a State employee because the State employee refuses to comply with an illegal order or engages in any of the following:

  (1) Providing to a public body a good faith report or good faith testimony that alleges an entity of State government, a State employee or official, or a person providing services to the State under contract has engaged in a violation of law or in waste, fraud, abuse of authority, or a threat to the health of employees, the public, or persons under the care of the State.

  (2) Assisting or participating in a proceeding to enforce the provisions of this subchapter.

  (b) No State agency, department, appointing authority, official, or employee shall attempt to restrict or interfere with, in any manner, a State employee’s ability to engage in any of the protected activity described in subsection (a) of this section.

  (c) No State agency, department, appointing authority, or manager shall require any State employee to discuss or disclose his or her testimony, or intended testimony, prior to an employee’s appearance to testify before the general assembly if he or she is not testifying on behalf of an entity of State government.

  (d) No employee may divulge information that is confidential under State or federal law. An act by which an employee divulges such information shall not be considered protected activity under this section.

  (e) In order to establish a claim of retaliation based upon the refusal to follow an illegal order, the employee shall assert at the time of the refusal his or her good faith and reasonable belief that the order is illegal. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)

• § 974. Communication with General Assembly

  (a) No entity of State government may prohibit a State employee from engaging in discussion with a member of the General Assembly or from testifying before a legislative committee; provided, however, that an employee may not divulge confidential information, and an employee shall be clear that he or she is not speaking on behalf of an entity of State government.

  (b) No State employee shall be subject to discipline, discharge, discrimination, or other adverse employment action as a result of the employee providing information to a legislator or legislative committee; provided, however, that the employee does not divulge confidential information, and that the employee is clear that he or she is not speaking on behalf of any entity of State government. The protections set forth in this subchapter shall not apply to statements that constitute hate speech or threats of violence against a person.

  (c) In the event that an appearance before a Committee of the General Assembly will cause an employee to miss work, he or she shall request to be absent from work and shall provide as much notice as is reasonably possible. The request shall be granted unless there is good cause to deny the request. If a request is denied, the decision and reasons for the denial shall be in writing and shall be provided to the employee in advance of the scheduled appearance. The protections set forth in this section are subject to the efficient operation of State government, which shall prevail in any instance of conflict. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)

• § 975. Enforcement and preemption

  (a) Nothing in this subchapter shall be deemed to diminish the rights, privileges, or remedies of a State employee under other federal or State law or under any collective bargaining agreement or employment contract, except the limitation on multiple actions as set forth in this section.

  (b) A State employee who files a claim of retaliation for protected activity with the Vermont Labor Relations Board or through binding arbitration under a grievance procedure or similar process available to the employee may not bring such a claim in Superior Court.

  (c) A State employee who files a claim under this subchapter in Superior Court may not bring a claim of retaliation for protected activity under a grievance procedure or similar process available to the employee. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008; amended 2015, No. 35, § 5, eff. May 26, 2015.)

• § 976. Remedies

  A State employee who brings a claim in Superior Court may be awarded the following remedies:

  (1) reinstatement of the employee to the same position, seniority, and work location held prior to the retaliatory action;

  (2) back pay, lost wages, benefits, and other remuneration;

  (3) in the event of a showing of a willful, intentional, and egregious violation of this subchapter, an amount up to the amount of back pay in addition to the actual back pay;

  (4) other compensatory damages;

  (5) interest on back pay;

  (6) appropriate injunctive relief; and

  (7) reasonable costs and attorney’s fees. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)

• § 977. Posting

  Every State agency and department shall distribute a copy of this law by August 1, 2008, and shall post and display notices of State employee protection under this subchapter in a prominent and accessible location in the workplace. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)

• § 978. Limitations of actions

  An action alleging a violation of this subchapter brought under a grievance procedure or similar process shall be brought within the period allowed by that process or procedure. An action brought in Superior Court shall be brought within 180 days of the date of the alleged retaliatory action. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)

• Subchapter 005: Agreements; Generally

• § 981. Good faith; failure to agree

  For the purpose of this chapter to bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to all matters bargainable under the provisions of this chapter; but the failure or refusal of either party to agree to a proposal, or to change or withdraw a lawful proposal, or to make a concession shall not constitute, or be evidence direct or indirect, of a breach of this obligation. (Added 1969, No. 113, § 1.)

• § 982. Agreements; limitations, renegotiation, and renewal

  (a) Collective bargaining agreements, except those affecting the Vermont State Colleges and the University of Vermont, shall be for a maximum term of two years and shall not be subject to cancellation or renegotiation during the term except with the mutual consent in writing of both parties, which consent shall be filed with the Board. Upon the filing of such consent, an agreement may be supplemented, cancelled, or renegotiated.

  (b) Nothing in this chapter shall be construed to require either party during collective bargaining to accede to any proposal or proposals of the other party.

  (c)(1) Except in the case of the Vermont State Colleges or the University of Vermont, agreements between the State and certified bargaining units that are not arrived at under the provisions of subsection 925(i) of this title shall, after ratification by the appropriate unit memberships, be submitted to the Governor who shall request sufficient funds from the General Assembly to implement the agreement. If the General Assembly appropriates sufficient funds, the agreement shall become effective at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly, and the agreement with the negotiated changes shall become effective at the beginning of the next fiscal year.

  (2)(A) Agreements between the Department of State’s Attorneys and Sheriffs and the certified bargaining units that are not arrived at under the provisions of subsection 925(i) of this title shall, after ratification by the appropriate unit memberships, be submitted to the Governor and the General Assembly.

  (B) The Executive Director of the Department of State’s Attorneys and Sheriffs shall request sufficient funds from the General Assembly to implement the agreement. If the General Assembly appropriates sufficient funds, the agreement shall become effective at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly, and the agreement with the negotiated changes shall become effective at the beginning of the next fiscal year.

  (d) When the parties are unable to reach agreement on a collective bargaining agreement, and the Vermont Labor Relations Board recommends an agreement in accordance with subsection 925(k) of this title, the Board shall determine the cost of the agreement selected and request the General Assembly to appropriate the amount determined to be necessary to implement the selected agreement. If the General Assembly chooses to appropriate sufficient funds, the agreement shall become effective at the beginning of the next fiscal year. If the General Assembly appropriates less than the amount requested, the terms of the agreement affected by the lesser appropriation shall be renegotiated based on the amount of the funds actually appropriated, and the agreement with the negotiated changes shall become effective at the beginning of the next fiscal year.

  (e) No portions of any agreement shall become effective separately except with mutual consent of both parties.

  (f) Such an agreement shall terminate at the expiration of its specified term. Negotiations for a new agreement to take effect upon the expiration of the preceding agreement shall be commenced at any time within one year next preceding the expiration date upon the request of either party and may be commenced at any time previous thereto with the consent of both parties.

  (g) In the event the State of Vermont, the Department of State’s Attorneys and Sheriffs, the University of Vermont, and the Vermont State Colleges as employer and the collective bargaining unit are unable to arrive at an agreement and there is not an existing agreement in effect, the existing contract shall remain in force until a new contract is ratified by the parties. However, nothing in this subsection shall prohibit the parties from agreeing to a modification of certain provisions of the existing contract that, as amended, shall remain in effect until a new contract is ratified by the parties.

  (h) The Board is authorized to enforce compliance with all provisions of a collective bargaining agreement upon complaint of either party. In the event a complaint is made by either party to an agreement, the Board shall proceed in the manner prescribed in section 965 of this title relating to the prevention of unfair labor practices. (Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 12, eff. April 3, 1972; 1977, No. 109, § 12, eff. July 3, 1977; 1979, No. 141 (Adj. Sess.),§§ 21, 22; 1981, No. 249 (Adj. Sess.), § 4, eff. July 4, 1982; 1987, No. 177 (Adj. Sess.), § 5; 2005, No. 194 (Adj. Sess.), § 3; 2011, No. 22, § 2; 2017, No. 81, § 9, eff. June 15, 2017.)

• Subchapter 006: Miscellaneous Provisions

• § 1001. Grievances; applicants and excluded personnel

  (a) Persons who are applicants for State employment in the classified service and classified employees in their initial probationary period and any extension or extensions thereof may appeal to the State Labor Relations Board if they believe themselves discriminated against on account of their race, color, creed, religion, disability, sex, sexual orientation, gender identity, age, or national origin.

  (b) Permanent classified employees excluded from bargaining units shall be deemed to have the right of appeal in the same manner and to the same extent as those employees represented by a bargaining representative except that they may not be represented by a bargaining representative.

  (c) Any dispute concerning the amount of a collective bargaining service fee may be grieved as set forth in the collective bargaining agreement through either an appeal to the Vermont Labor Relations Board in accordance with the Board’s rules concerning grievances, or through binding arbitration. (Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 13, eff. April 3, 1972; 1991, No. 135 (Adj. Sess.), § 4; 1993, No. 227 (Adj. Sess.), § 32; 1999, No. 19, § 3; 2007, No. 41, § 4; 2015, No. 35, § 6, eff. May 26, 2015.)

• § 1002. Enforcement

  (a) Orders of the Board or an arbitrator issued under this chapter may be enforced by any party or by the Board by filing a petition with the Superior Court in Washington County or the Superior Court in the county in which the action before the Board originated. The petition shall be served on the adverse party as provided for service of process under the Vermont Rules of Civil Procedure. If, after hearing, the Court determines that the Board or arbitrator had jurisdiction over the matter and that a timely appeal was not filed, or that an appeal was timely filed and a stay of the Board or arbitrator’s order or any part of it was not granted, or that a Board order was affirmed on appeal in pertinent part by the Supreme Court or that an arbitrator’s order was affirmed on appeal in pertinent part by the Superior Court, the Court shall incorporate the order of the Board or arbitrator as a judgment of the Court. There is no appeal from that judgment except that a judgment reversing a decision by the Board or an arbitrator on jurisdiction may be appealed to the Supreme Court.

  (b) Upon filing of a petition by a party or the Board, the Court may grant such temporary relief, including a restraining order, as it deems proper pending formal hearing.

  (c) Orders and decisions of the Board shall apply only to the particular case under appeal, but any number of appeals presenting similar issues may be consolidated for hearing with the consent of the Board. Any number of employees who are aggrieved by the same action of the employer may join in an appeal with the consent of the Board. The Board shall not modify, add to, or detract from a collective bargaining agreement or the merit system principles by any order or decision. (Added 1969, No. 113, § 1; amended 1971, No. 185 (Adj. Sess.), § 3, eff. March 29, 1972; 1971, No. 193 (Adj. Sess.), § 14, eff. April 3, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1987, No. 196 (Adj. Sess.), § 1, eff. May 13, 1988; 1989, No. 25, § 1; 2015, No. 35, § 7, eff. May 26, 2015.)

• § 1003. Judicial review; stay pending appeal

  (a) Any person aggrieved by an order or decision of the Board issued under the authority of this chapter may appeal on questions of law to the Supreme Court.

  (b) An order of the Board shall not automatically be stayed pending appeal. A stay must first be requested from the Board. The Board may stay the order or any part of it. If the Board denies a stay, then a stay may be requested from the Supreme Court. The Supreme Court or a single justice may stay the order or any part of it and may order additional interim relief. (Added 1969, No. 113, § 1; amended 1971, No. 185 (Adj. Sess.), § 4, eff. March 29, 1972; 1971, No. 193 (Adj. Sess.), § 15, eff. April 3, 1972; 1987, No. 196 (Adj. Sess.), § 2, eff. May 13, 1988.)

• § 1004. State Police

  The provisions of this chapter shall apply to the State Police in the Department of Public Safety except for matters of discipline, disciplinary action, transfer, or suspension and those items specifically covered by statute. (Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 16, eff. April 3, 1972; 1977, No. 109, § 13, eff. July 3, 1977.)

• § 1004a. Repealed. 2005, No. 112 (Adj. Sess.), § 2 , eff. March 1, 2011.

• § 1005. Administrative procedure laws; application

  Laws of this State relating to administrative procedure including chapter 25 of this title are not applicable to the Labor Relations Board except as set forth in this chapter. (Added 1969, No. 113, § 1.)

• § 1006. Short title

  This chapter may be cited as “State Employee Labor Relations Act.” (Added 1969, No. 113, § 1.)

• § 1007. Separability

  If any provision of this chapter, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of this chapter, or the application of that provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (Added 1969, No. 113, § 1.)

• § 1008. Contract ratification; annual vote

  Annually, the employees of the bargaining unit shall meet and discuss whether employees who have chosen not to join the employee organization shall be allowed to vote on the ratification of any collective bargaining agreement entered into pursuant to this chapter. After discussion, employees that are members of the employee organization shall vote on whether to allow employees who have chosen not to join the employee organization to vote on the ratification of any collective bargaining agreement. (Added 2013, No. 37, § 5a.)