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Subchapter 001: GENERAL PROVISIONS
§ 1010. Purpose
It is the purpose and policy of this chapter to recognize the right of employees of
the Judiciary Department to join a labor organization of their own choosing and to
be represented by that organization in collective bargaining for terms and conditions
of their employment. (Added 1997, No. 92 (Adj. Sess.), § 9.)
§ 1011. Definitions
As used in this chapter:
(1) “Agreement” means a written agreement resulting from collective bargaining negotiation
and covers the terms, tenure, and conditions of employment.
(2) “Board” means the State Labor Relations Board established pursuant to section 921 of this title.
(3) “Collective bargaining” means the process of negotiating terms, tenure, or conditions
of employment between the Judiciary Department and representatives of the employees
with the intent to arrive at a written agreement.
(4) “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, and that
fee is paid to the employee organization that is the exclusive bargaining agent for
the bargaining unit of the employee. A collective bargaining service fee shall not
exceed 85 percent of the amount payable as dues by members of the employee organization;
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.
(5) “Collective bargaining unit” means the employees of an employer and may be either
all the employees or a unit or units determined by the Board to be appropriate to
represent the interests of employees.
(6) “Complaint” means an informal expression made by the employees or a group of employees
to the immediate supervisor about dissatisfaction with any aspect of employment or
working conditions under a collective bargaining agreement.
(7) “Confidential employee” means an employee, as determined by the Board, who has responsibility,
knowledge, or access to information relating to collective bargaining, personnel administration,
or budgetary matters that is incompatible with that employee’s membership in or representation
by an employee organization.
(8) “Employee” means any individual employed and compensated on a permanent or limited
status basis by the Judiciary Department, including permanent part-time employees
and any individual whose employment has ceased as a consequence of, or in connection
with, any current labor dispute or because of an unfair labor practice. “Employee”
does not include any of the following:
(A) a Justice, judge, assistant judge, magistrate, or hearing officer;
(B) the Court Administrator;
(C) a managerial, supervisory, or confidential employee;
(D) a law clerk, attorney, or administrative assistant or private secretary to a judge,
Justice, or Court Administrator;
(E) an individual employed on a temporary, contractual, seasonal, or on-call basis, including
an intern;
(F) an employee during the initial or extended probationary period;
(G) the head of a department or division;
(H) [Repealed.]
(I) an attorney for the Supreme Court, for the Court Administrator, or for any board or
commission created by the Supreme Court;
(J) an employee paid by the State who is appointed part-time as county clerk pursuant
to 4 V.S.A. § 651 or 691; or
(K) an employee who, after hearing by the Board upon petition of any individual, the employer,
or a collective bargaining unit, is determined to be in a position that is sufficiently
inconsistent with the spirit and intent of this chapter to warrant exclusion.
(9) “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.
(10) “Employer” means the Judiciary Department, represented by the Supreme Court or the
Supreme Court’s designee.
(11) “Grievance” means a written notice from an employee or a group of employees covered
by an agreement or the employee’s representative about dissatisfaction with any aspect
of employment or working conditions covered by a collective bargaining agreement or
about the discriminatory application of a rule or regulation, and the dissatisfaction
has not been satisfactorily resolved after informal discussion with immediate supervisors.
(12) “Labor dispute” means any controversy concerning terms, tenure, or conditions of employment,
or concerning the association or representation of individuals in negotiating, fixing,
maintaining, changing, or seeking to arrange terms or conditions of employment, regardless
of whether the disputants are employer and employee.
(13) “Managerial employee” means an individual, as determined by the Board, who functions
as the head of a department, institution, district operation, or a major program or
division or section.
(14) “Person” means an individual, the State of Vermont, an employee organization, partnership,
corporation, a legal representative, trustee, or any other natural or legal entity
whatsoever.
(15) “Representative” means an individual or employee organization certified by the Board
to represent employees in collective bargaining or grievance proceedings.
(16) “Strike” means any concerted work stoppage by employees, including concerted slowdowns,
interference, or interruption of operations or services. “Strike” also includes boycotts,
refusal to use any products or services, or refusal to work or cooperate with any
person by employees in the course of employment when properly directed to do so by
the employer or supervisor or superior.
(17) “Supervisory employee” means an employee, as determined by the Board, who has authority
from the employer to hire, transfer, suspend, lay off, recall, promote, discharge,
assign, reward, or discipline other employees or who has the responsibility for directing
employees or adjusting employee grievances or effectively recommending such action,
provided the exercise of authority is not merely routine or clerical, but requires
independent judgment. (Added 1997, No. 92 (Adj. Sess.), § 9; amended 2009, No. 154 (Adj. Sess.), § 42a; 2011, No. 1, § 2, eff. Feb. 2, 2011; 2013, No. 37, § 6.)
§ 1012. 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 their chosen representatives; to engage
in concerted activities of collective bargaining or other mutual aid or protection;
to refrain from any or all those activities, except as provided in subsections (b)
and (c) of this section; and to appeal grievances as provided in this chapter.
(b) An employee may not strike or recognize a picket line of an employee organization
while performing the employee’s official duties.
(c) An employee who exercises the right not to join the employee organization representing
the employee’s certified unit pursuant to section 1021 of this title shall pay a 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) The employer and employees and the employee’s representative shall exert every reasonable
effort to make and maintain agreements concerning matters allowable under section 1013 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.
(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 1997, No. 92 (Adj. Sess.), § 9; amended 2013, No. 37, § 7; 2019, No. 180 (Adj. Sess.), § 5, eff. Jan. 1, 2021.)
§ 1013. Subjects for bargaining
All matters relating to the relationship between the employer and employees are subject
to collective bargaining, to the extent those matters are not prescribed or controlled
by law, including:
(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;
(8) terms of coverage and amount of employee financial participation in insurance programs;
(9) rules for personnel administration of employees provided the rules are not discriminatory
in regard to an applicant’s race, color, creed, sex, sexual orientation, gender identity,
age, national origin, religion, or disability;
(10) the manner in which to enforce an employee’s obligation to pay the collective bargaining
service fee. (Added 1997, No. 92 (Adj. Sess.), § 9; amended 2007, No. 41, § 5; 2013, No. 37, § 8.)
§ 1014. Management rights
(a) The employer shall be responsible for insuring consistency of the terms and conditions
in various agreements throughout the Judiciary Department and shall not agree to any
terms or conditions for which adequate funds are not available.
(b) Subject to rights guaranteed by this chapter and other applicable laws, nothing in
this chapter shall be construed to interfere with the right of the employer to:
(1) carry out its statutory mandate and goals and to utilize personnel, methods and means
in the most appropriate manner; or
(2) take necessary action to carry out its mission in an emergency situation.
(c) The employer shall take any action necessary to implement and administer the provisions
of a legally binding agreement between the employer and an employee organization.
(d) The Agency of Administration shall provide to the Supreme Court, on request, any information
that it possesses or can reasonably produce that it uses to prepare for or conduct
collective bargaining negotiations. The Agency shall also provide any services it
provides to Executive and legislative agencies or departments related to the processing
of the State’s payroll and the administration of benefits. In the event the bargaining
agreement contains provisions that require the Agency of Administration or the Judiciary
Department to expend more than what is typically budgeted for administration and maintenance
of the payroll or benefit administration system, the Court Administrator shall request
the funding at the time the agreement is submitted to the General Assembly for approval
under subsection (c) of section 1036 of this title. (Added 1997, No. 92 (Adj. Sess.), § 9.)
§ 1015. Designation of managerial, supervisory, and confidential employees
The employer shall determine the designation of employees as managerial, supervisory,
or confidential. Any disputes arising from this determination shall be resolved by
the Board. (Added 1997, No. 92 (Adj. Sess.), § 9.)
§ 1016. Obligation to bargain
The employer and representative of the employees shall bargain collectively, which
for the purposes of this chapter means performing the mutual obligation to meet at
reasonable times and confer in good faith with respect to all matters bargainable
under the provisions of this chapter. The failure or refusal of either party to agree
to a proposal, to change or withdraw a lawful proposal, or to make a concession shall
not constitute, or be direct or indirect evidence of, a breach of this obligation. (Added 1997, No. 92 (Adj. Sess.), § 9.)
§ 1017. Grievance procedures; binding arbitration
(a) The employer and the representative of the employees shall negotiate a procedure for
resolving complaints and grievances. Unless otherwise agreed to by the parties, the
Board shall hear and make final determination on a grievance. A grievance hearing
shall be conducted in accordance to the rules of the Board.
(b) A collective bargaining agreement may provide for binding arbitration as the final
step of a grievance procedure. An agreement that includes a binding arbitration provision
shall also include the procedure for conducting the grievance arbitration proceedings
and the following provisions:
(1) The parties shall mutually agree on an arbitrator from a list of arbitrators provided
by the American Arbitration Association. An arbitrator chosen or appointed under this
section shall have no authority to add to, subtract from, or modify the collective
bargaining agreement.
(2) An acknowledgment of arbitration that provides substantially the following:
ACKNOWLEDGMENT OF ARBITRATION.
(The parties) understand that this agreement contains an agreement that the final
step of the grievance process shall be binding arbitration. After the effective date
of this agreement, no grievance may be brought to the Vermont Labor Relations Board
and no lawsuit concerning any grievance may be brought, unless it involves a question
of constitutional or civil rights.
(c) This section shall not apply to labor interest arbitration, which for the purposes
of this chapter means the method of concluding labor negotiations by means of a disinterested
person to determine the terms of a labor agreement.
(d) 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 an 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 is imperfect in form and the award may be corrected without affecting the
merits of the controversy.
(e) A party may apply to 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 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 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.
(4) There is an absence of substantial evidence on the record as a whole to support the
award. (Added 1997, No. 92 (Adj. Sess.), § 9.)
§ 1018. Mediation; fact-finding; last best offer
(a) If, after a reasonable period of negotiation, the representative of a collective bargaining
unit and the employer reach an impasse, the Board, upon petition of either party,
may authorize the parties to submit their differences to mediation. Within five days
after receipt of the petition, the Board shall appoint a mediator who shall communicate
with the parties and attempt to mediate an amicable settlement. A mediator shall be
of high standing and in no way actively connected with labor or management.
(b) If, after a minimum of 15 days after the appointment of a mediator, the impasse is
not resolved, the mediator shall certify to the Board that the impasse continues.
(c) Upon the request of either party, the Board shall appoint a fact finder who has been
mutually agreed upon by the parties. If the parties fail to agree on a fact finder
within five days, the Board shall appoint a fact finder who shall be a person of high
standing and not actively connected with labor or management. A member of the Board
or any individual who has actively participated in mediation proceedings for which
fact-finding has been called shall not be eligible to serve as a fact finder under
this section unless agreed upon by the parties.
(d) The fact finder shall conduct hearings pursuant to rules of 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 in this section shall prohibit the fact finder from mediating the dispute
at any time prior to issuing recommendations.
(f) The fact finder shall consider, if applicable to the issues, the following factors
in making a recommendation:
(1) wage and salary schedules and employee benefits to the extent they are inconsistent
with prevailing rates, both within State government as a whole and for comparable
work in commerce or industry 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; and
(3) general working conditions as those conditions compare with generally accepted safety
standards and conditions prevailing in commerce and industry within the State and
within State government.
(g) Upon completion of the hearings, the fact finder shall file written findings and recommendations
with both parties.
(h) The costs of witnesses and other expenses incurred by either party in fact-finding
proceedings shall be paid directly by the parties incurring them, and the costs and
expenses of the fact finder shall be paid equally by the parties. The fact finder
shall be paid a rate mutually agreed upon by the parties for each day or any part
of a day while performing fact-finding duties and shall be reimbursed for all reasonable
and necessary expenses incurred in the performance of his or her duties. A statement
of fact-finding per diem and expenses shall be certified by the fact finder and submitted
to the Board for approval. The Board shall provide a copy of approved fact-finding
costs to each party with its order apportioning half of the total to each party for
payment. Each party shall pay its half of the total within 15 days after receipt of
the order. Approval by the Board of fact-finding and the fact finder’s costs and expenses
and its order for payment shall be final as to the parties.
(i)(1) If the dispute remains unresolved 20 days after transmittal of findings and recommendations
or within a period of time mutually agreed upon by the parties that may be not more
than an additional 30 days, each party shall submit to the Board or, upon the request
of either party, to an arbitrator mutually agreed upon by the parties its last best
offer on all disputed issues as a single package. If the parties cannot agree on an
arbitrator, the American Arbitration Association shall appoint a neutral third party
to act as arbitrator.
(2) Each party’s last best offer shall be:
(A) filed with the Board or the arbitrator under seal;
(B) certified to the Board or the arbitrator by the fact finder; and
(C) unsealed and placed in the public record only when both parties’ last best offers
are filed with the Board or the arbitrator.
(3) A party’s last best offer shall not include a proposal to:
(A) 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
(B) 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.
(4) The Board or the arbitrator shall hold one or more hearings and consider the recommendations
of the fact finder.
(5)(A) 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,
and shall determine its cost.
(B) If the Board or the arbitrator finds that the last best offers of both parties are
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.
(6) The Board or the arbitrator shall not issue an order under this subsection that is
in conflict with any law or rule or that relates to an issue that is not bargainable.
(7) The decision of the Board or the arbitrator shall be final and binding on the parties. (Added 1997, No. 92 (Adj. Sess.), § 9; amended 2021, No. 81 (Adj. Sess.), § 1, eff. July 1, 2022; 2023, No. 6, § 3, eff. July 1, 2023; 2023, No. 78, § E.108.3, eff. July 1, 2023.)
§ 1020. Reports arbitration; costs
(a) The results of all arbitration proceedings, recommendations, and awards conducted
under this chapter shall be filed with the Board simultaneously with submission of
the decisions to the parties.
(b) The costs of any mediation, fact-finding, or arbitration conducted pursuant to this
chapter, including per diem expenses and actual and necessary costs for travel, subsistence,
or hiring premises in which proceedings were conducted shall be shared equally by
the parties. All other costs shall be paid by the party incurring them. (Added 1997, No. 92 (Adj. Sess.), § 9.)
§ 1021. Unit determination; certification
(a) The Board shall determine issues of unit determination, certification, and representation
in accordance with this chapter and the provisions of section 941 of this title. The Board shall decide the appropriate unit for collective bargaining in each case
and the employees to be included in that unit to ensure the employees the fullest
freedom in exercising the rights guaranteed by this chapter.
(b) In determining whether a unit is appropriate, the extent to which the employees have
organized is not controlling. The Board shall not recognize a unit if, after investigation
and hearing, the Board determines that the employees do not constitute a unit appropriate
for collective bargaining or if recognition of that unit will result in over-fragmentation
of collective bargaining units.
(c) If an interested person files with the Board a charge alleging that employees eligible
to vote in an election under this chapter were coerced or restrained in the exercise
of that right, the Board shall investigate and conduct hearings into the validity
of the charge. If the Board concludes that employees were coerced or restrained, the
Board may set aside the election and order another election pursuant to this chapter. (Added 1997, No. 92 (Adj. Sess.), § 9; amended 2025, No. 18, § 15, eff. May 13, 2025.)
§ 1022. 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 email address, home address, personal email 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 email 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.), § 11, eff. Jan. 1, 2021.)
§ 1023. 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 email 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.), § 15, eff. Jan. 1, 2021.)
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Subchapter 002: UNFAIR LABOR PRACTICES
§ 1026. Employers
It shall be an unfair labor practice for an employer:
(1) to interfere with, restrain, or coerce employees in the exercise of rights guaranteed
by section 1012 of this title or by any other law;
(2) to dominate or interfere with the formation or administration of an employee organization
or contribute financial or other support to it. However, an employer may confer with
employees during working hours without loss of time or pay;
(3) to discriminate in hiring or tenure of employment or in regard to 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 filed
a charge or complaint or gave testimony under this chapter;
(5) to refuse to bargain collectively with a representative of its employees;
(6) to discriminate against an employee on account of race, color, creed, sex, sexual
orientation, gender identity, national origin, age, religion, or disability;
(7) to request or require an applicant, prospective employee, or employee to have an HIV-related
blood test as a condition of employment; or
(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 1997, No. 92 (Adj. Sess.), § 9; amended 2007, No. 41, § 6.)
§ 1027. 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. This subdivision shall not limit the right of an employee organization to prescribe
its own rules with respect to the acquisition or retention of membership, provided
the rules are not discriminatory.
(2) To restrain or coerce an employer in the selection of a representative for the purpose
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 1026 of this title or to discriminate against an employee whose membership in the employee organization
has been denied or terminated on a ground other than the employee’s failure to pay
dues or the initiation fees required for membership.
(4) To refuse to bargain collectively with an employer, provided it is the exclusive bargaining
representative of the employees.
(5) To engage in, induce, or encourage any individual employed by any person to engage
in, a strike or a refusal in the course of employment to use, transport, or otherwise
handle or work on any goods, articles, materials, or commodities or to perform an
authorized function.
(6) To threaten, coerce, or restrain any person by:
(A) Forcing or requiring any employee to join an employee organization or to enter into
an agreement that is prohibited under 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 the employees unless the employee organization has been certified
as the representative of the employees under this chapter.
(C) Forcing or requiring the employer to recognize or bargain with an employee organization
as the representative of the employees if another employee organization has been certified
as the representative of the employees under 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 the employer is not conforming 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 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 in order to force or require the employer to recognize or bargain with
an employee organization as the representative of its employees, or to force or require
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 1012 of this title.
(10) To charge a collective bargaining service fee unless the employee organization has
established and maintained a procedure to provide nonmembers with all the following:
(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 fee requested and to place in escrow
any amount reasonably in dispute; and
(C) prompt arbitration by the Board to resolve any objection over the amount of the collective
bargaining service fee. (Added 1997, No. 92 (Adj. Sess.), § 9; amended 2013, No. 37, § 9; 2017, No. 74, § 5.)
§ 1028. Membership; employee rights
An employee organization entering into an agreement shall not:
(1) discriminate against a member or applicant for membership on account of race, color,
creed, sex, sexual orientation, gender identity, national origin, age, religion, or
disability; or
(2) penalize a member for exercising a right guaranteed by the Constitution or laws of
the United States or the State of Vermont. (Added 1997, No. 92 (Adj. Sess.), § 9; amended 2007, No. 41, § 7.)
§ 1029. 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 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 1997, No. 92 (Adj. Sess.), § 9.)
§ 1030. Prevention of unfair practices
(a) The Board may prevent any person from engaging in any unfair labor practice prohibited
under this chapter. 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 and containing a notice of hearing
before the Board at a place and time that is at least seven days after the complaint
is served. 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 service of a
copy on the person against whom the charge is made, unless the person aggrieved 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 discharge.
(b) The person complained against may file an answer to the complaint and appear and present
evidence. The Board may permit any other person to intervene and present evidence
in the matter. A proceeding under this section shall, so far as practicable, be conducted
in accordance with Rules of Evidence. The Board shall make a transcript of the hearing
in the event the decision of the Board is appealed.
(c) The Board may administer oaths, take testimony, subpoena witnesses, and demand production
of documents. Officers who serve subpoenas issued by the Board and witnesses attending
hearings shall be paid fees and compensation on vouchers of the Board at the same
rates as officers and witnesses in causes before a Criminal Division of the Superior
Court.
(d) If the Board finds, based on a preponderance of the evidence, that any person named
in the complaint has engaged in or is engaging in any unfair labor practice, the Board
shall issue an order and findings of fact, and cause to be served on that person an
order requiring the person to cease and desist from the unfair labor practice and
the Board shall take such affirmative action necessary to carry out the policies of
this chapter. If the Board does not find that the person has engaged in any unfair
labor practice, the Board shall issue written findings of fact and dismiss the complaint.
(e) In determining whether a complaint shall issue alleging a violation of subdivision
1026(1) or (2) of this title, and in deciding those cases, the same rules of the Board
shall apply whether or not an employee organization is affiliated with a national
or international employee organization.
(f) The Board shall not order reinstatement of any individual who has been suspended or
discharged or award any back pay, if the individual was suspended or discharged for
cause. (Added 1997, No. 92 (Adj. Sess.), § 9; amended 2009, No. 154 (Adj. Sess.), § 238.)
§ 1031. Freedom of expression
The expression of any views, argument, or opinion, or the dissemination of such an
expression, in any form, shall not constitute or be evidence of an unfair labor practice
under this chapter, provided the expression contains no threat of reprisal or force
or promise of benefit. (Added 1997, No. 92 (Adj. Sess.), § 9.)