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Subchapter 001: GENERAL PROVISIONS
§ 1981. Definitions
As used in this chapter unless the context requires otherwise:
(1) “Administrator” means any person so licensed by the Vermont Standards Board for professional
educators, the majority of whose employed time in a school or a school district is
devoted to serving as superintendent, assistant superintendent, assistant to the superintendent,
supervisor, principal, or assistant principal.
(2) “Professional negotiations” means the meeting, conferring, consulting, discussing,
and negotiating in good faith between a school board negotiations council and a teachers’
organization negotiations council or an administrators’ organization negotiations
council to reach agreement.
(3) “School board” means the board of school directors of a school district or its equivalent
in any independent elementary or secondary school.
(4) “School district” means any public school district or any independent elementary or
secondary school within the State that directly or indirectly receives support from
public funds.
(5) “Teacher” means any person licensed employable as a teacher by the Vermont Standards
Board for Professional Educators who is not an administrator as defined in this section.
(6) A “teachers’ organization” or an “administrators’ organization” means an organization,
committee, council, group, or separate unit thereof in which teachers or administrators
participate and that exists, in whole or in part, for the purpose of professional
negotiation.
(7) “Agency 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
agency 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.
(8) “School board negotiations council” means, for a supervisory district, its school
board, and, for school districts within a supervisory union or board of cooperative
education services, the body comprising representatives designated by each school
board within the supervisory union or board of cooperative education services and
by the supervisory union board or board of cooperative education services to engage
in professional negotiations with a teachers’ or administrators’ organization.
(9) “Teachers’ organization negotiations council” or “administrators’ organization negotiations
council” means the body comprising representatives designated by each teachers’ organization
or administrators’ organization within a supervisory district, supervisory union,
or board of cooperative education services to act as its representative for professional
negotiations. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 1989, No. 118, § 3; 1991, No. 24, § 11; 2005, No. 25, § 1; 2005, No. 214 (Adj. Sess.), § 4; eff. July 1, 2007; 2007, No. 82, § 29; 2009, No. 153 (Adj. Sess.), § 13; 2013, No. 37, § 10; 2013, No. 56, § 24, eff. May 30, 2013; 2013, No. 92 (Adj. Sess.), § 304, eff. Feb. 14, 2014; 2017, No. 74, § 22; 2019, No. 131 (Adj. Sess.), § 89; 2023, No. 168 (Adj. Sess.), § 9, eff. July 1, 2024.)
§ 1982. Rights
(a) Teachers shall have the right to or not to join, assist, or participate in any teachers’
organization of their choosing. However, teachers who choose not to join the teachers’
organization, recognized as the exclusive representative pursuant to section 1992
of this chapter, shall pay the agency fee in the same manner as teachers who choose
to join the teachers’ organization pay membership fees. The teachers’ organization
shall indemnify and hold the school board harmless from any and all claims stemming
from the implementation or administration of the agency fee.
(b) Principals, assistant principals, and administrators other than superintendents and
assistant superintendents shall have the right to or not to join, assist, or participate
in any administrators’ organization or as a separate unit of any teachers’ organization
of their choosing. However, subject to the provisions of subsection (d) of this section,
administrators other than the superintendents and assistant superintendents who choose
not to join the administrators’ organization, recognized as the exclusive representative
pursuant to section 1992 of this chapter, shall pay the agency fee in the same manner
as administrators who choose to join the administrators’ organization pay membership
fees. The administrators’ organization agrees to indemnify and hold the school harmless
from any and all claims stemming from the implementation or administration of the
agency fee.
(c) The school board or any employee of the school board serving in any capacity or any
other person or organization shall not interfere with, restrain, coerce, or discriminate
in any way against or for any teacher or administrator engaged in activities protected
by this legislation.
(d) A teachers’ or administrators’ organization shall not charge the agency fee unless
it has established and maintained a procedure to provide nonmembers with:
(1) An audited financial statement that identifies the major categories of expenses and
divides them into chargeable and nonchargeable expenses.
(2) An opportunity to object to the amount of the agency fee sought, and to place in escrow
any amount reasonably in dispute.
(3) Prompt arbitration by an arbitrator selected jointly by the objecting fee payer and
the teachers’ or administrators’ organization or pursuant to the rules of the American
Arbitration Association to resolve any objection over the amount of the agency fee.
The costs of arbitration shall be paid by the teachers’ or administrators’ organization.
(e) Nothing in this section shall require an employer to discharge an employee who does
not pay the agency fee.
(f) A teacher or administrator who is a member of the teachers’ or administrators’ organization
shall have the right to automatic membership dues deductions. Upon receipt of a signed
authorization to commence automatic membership dues deductions from a teacher or administrator,
the school board shall, as soon as practicable and in any event, not later than 30
calendar days after receiving the authorization, commence withholding from the teacher’s
or administrator’s wages the amount of membership dues certified by the teachers’
or administrators’ organization. The school board shall transmit the amount withheld
to the teachers’ or administrators’ organization on the same day as the teacher or
administrator is paid. Nothing in this subsection shall be construed to require a
member of a teachers’ or administrators’ organization to participate in automatic
dues deduction. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2005, No. 25, § 2; 2013, No. 37, § 11; 2019, No. 180 (Adj. Sess.), § 6, eff. Jan. 1, 2021.)
§ 1983. Right to be heard
Nothing in this chapter shall prohibit any individual or organization representative,
subject to reasonable rules of procedure that may be adopted by the school board,
from appearing before the school board to be heard, but not to negotiate, on any matters
of school district operation. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2013, No. 92 (Adj. Sess.), § 174, eff. Feb. 14, 2014.)
§ 1984. Access to new teachers or administrators in bargaining unit
(a) A school board shall provide a teachers’ or administrators’ organization that is the
exclusive representative of the teachers or administrators in a bargaining unit with
an opportunity to meet with each newly hired teacher or administrator in the bargaining
unit to present information about the teachers’ or administrators’ organization.
(b)(1) The meeting shall occur during the new teacher’s or administrator’s orientation or,
if the school board does not conduct an orientation for newly hired teachers or administrators,
within 30 calendar days from the date on which the teacher or administrator was hired.
(2) If the meeting is not held during the new teacher’s or administrator’s orientation,
it shall be held during the new teacher’s or administrator’s regular work hours and
at his or her regular worksite or a location mutually agreed to by the school board
and the teachers’ or administrators’ organization.
(3) The employee organization shall be permitted to meet with the employee for not less
than 60 minutes.
(4) The teacher or administrator 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 teacher or administrator, the school board
shall provide the teachers’ or administrators’ organization, as appropriate, 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 school board is in possession of such information.
(2) The teachers’ or administrators’ home address, personal e-mail address, and home and
personal cellular telephone numbers shall be kept confidential by the employer and
the teachers’ or administrators’ organization and shall be exempt from copying and
inspection under the Public Records Act.
(d) The school board shall provide the teachers’ or administrators’ organization with
not less than 10 calendar days’ notice of an orientation for newly hired teachers
or administrators in its bargaining unit. (Added 2019, No. 180 (Adj. Sess.), § 12, eff. Jan. 1, 2021.)
§ 1985. Annual list of teachers or administrators in bargaining unit
(a) Annually, or on a more frequent basis if mutually agreed to by the school board and
the teachers’ or administrators’ organization, the school board shall provide the
teachers’ or administrators’ organization that is the exclusive representative of
a bargaining unit with a list of all teachers or administrators in that bargaining
unit.
(b) The list shall include, as appropriate, each teacher’s or administrator’s name, work
location, job classification, and contact information. As used in this section, “contact
information” includes a teacher’s or administrator’s home address, personal e-mail
address, and home and personal cellular telephone numbers to the extent that the school
board 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 school board and the teachers’ or administrators’
organization and shall be exempt from copying and inspection under the Public Records
Act. (Added 2019, No. 180 (Adj. Sess.), § 16, eff. Jan. 1, 2021.)
§ 1986. Noninterference with right to testify
(a) Subject to subsection (b) of this section, no teacher, administrator, or other employee
of a school district or supervisory union shall be subject to discipline by the school
district or supervisory union for testifying before the General Assembly or a committee
of the General Assembly or before the State Board of Education.
(b) A teacher, administrator, or other employee of a school district or supervisory union
who testifies before the General Assembly or a committee of the General Assembly or
before the State Board of Education shall not divulge information that is confidential
to the school district or supervisory union or to its students or staff and may be
disciplined by the individual’s employer for divulging such confidential information.
(c) A teacher, administrator, or other employee of a school district or supervisory union
who testifies before the General Assembly or a committee of the General Assembly or
before the State Board of Education shall, unless authorized by the individual’s employer
to testify on the employer’s behalf, state for the record that the individual is not
testifying on behalf of the individual’s employer. (Added 2021, No. 111 (Adj. Sess.), § 2, eff. May 11, 2022.)
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Subchapter 002: BARGAINING AGENT
§ 1991. Selection of representation
(a) Teachers and administrators may select organizations to represent them on their negotiations
council in collective negotiations with the school board negotiations council. The
school board shall recognize an organization as the exclusive representative of the
teachers or of the administrators in the school district when that organization has
proved its claim to sole and exclusive representative status of the respective group
as provided in this chapter. The superintendent, the assistant superintendent, and
the principal shall not serve as negotiating agents for the teachers’ organization.
(b) When close or disputed questions of eligibility to vote and inclusion in the unit
to be represented by the teachers’ organization arise, the general principle to be
adhered to shall be that eligibility to vote and inclusion in that negotiating unit
will be limited to all teachers in the school district under contract and actually
engaged in full-time or part-time positions that are not that of administrator.
(c) The organizations selected to represent teachers or administrators shall represent
without discrimination or prejudice all of those eligible for inclusion in the negotiating
unit without regard to organizational affiliation or membership. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2007, No. 82, § 30; 2013, No. 92 (Adj. Sess.), § 175, eff. Feb. 14, 2014.)
§ 1992. Referendum procedure for representation
(a)(1) An organization purporting to represent a majority of all of the teachers or administrators
employed by the school board may be recognized by the school board without the necessity
of a referendum upon the submission of a petition bearing the valid signatures of
a majority of the teachers or administrators employed by that school board. The school
board and the organization purporting to represent a majority of the teachers or administrators
shall, within 10 business days after the petition is submitted, agree on an impartial
third party to examine the petition and determine whether a majority of the teachers
or administrators support the organization. If the parties fail to agree on an impartial
third party within 10 business days, the Vermont Labor Relations Board shall examine
the petition and determine whether a majority of the teachers or administrators support
the organization. If the impartial party or the Board determines that a majority of
the teachers or administrators support the organization, it shall certify the organization
as the exclusive representative of the teachers or administrators.
(2)(A)(i) An organization seeking to represent the teachers or administrators employed by a
school board may petition the school board for a list of the teachers or administrators
in the proposed bargaining unit.
(ii) An organization or group of teachers or administrators, or any person purporting to
act on their behalf, that is seeking to demonstrate that the current exclusive representative
of the teachers or administrators is no longer supported by a majority of the teachers
or administrators employed by that school board shall not be entitled to obtain a
list of the employees in the bargaining unit pursuant to this subdivision (a)(2).
(B) Unless the parties agree to a longer period, within five business days after receiving
the petition, the school board shall file with the organization a list of the names
and job titles of the teachers or administrators 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.
(b) Certification of a negotiating unit as exclusive representative shall be valid and
not subject to challenge by referendum petition or otherwise for the remainder of
the fiscal year in which the certification occurs and for an additional period of
12 months after final adoption of the budget for the succeeding fiscal year and shall
continue thereafter until a new referendum is called for.
(c)(1)(A) A secret ballot referendum shall be held not more than 21 calendar days after 20 percent
of the teachers or administrators employed by the school board present a petition
requesting a referendum on the matter of representation, except during a period of
prior certification, as provided pursuant to subsection (b) of this section.
(B) The parties may mutually agree to extend the time to hold the election set forth in
subdivision (A) of this subdivision (1).
(C) Any organization interested in representing teachers or administrators in the school
district shall have the right to appear on the ballot by submitting a petition supported
by ten percent or more of the teachers or administrators in the school district.
(2)(A) Unless the school board and the organization agree to a longer period, within two
business days after the petition is presented, the school board shall file with the
organization that will be named on the ballot a list of the teachers or administrators
in the bargaining unit.
(B) The list shall include, as appropriate, each teacher’s or administrator’s name, work
location, job classification, and contact information. As used in this subdivision
(2), “contact information” includes a teacher’s or administrator’s home address, personal
email address, and home and personal cellular telephone numbers to the extent that
the school board is in possession of such information.
(C) To the extent possible, the list of teachers or administrators shall be in alphabetical
order by last name and provided in electronic format.
(D) The list shall be kept confidential by the school board and the organization and 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 (2) shall be an unfair labor practice and may be grounds for the Vermont
Labor Relations Board to set aside the results of the referendum if an unfair labor
practice charge is filed not more than 10 business days after the referendum.
(d) In the interest of expediting the referendum and minimizing the cost thereof, the
petitioning party or parties and the school board may agree together to conduct cooperatively
the referendum themselves. Alternatively, the parties may select an impartial person
or agency to conduct or aid in the conducting of the referendum. Failing agreement
among all interested parties on the conduct of the referendum, any of the petitioning
parties or the school board may request that the referendum be conducted with the
aid and assistance of the American Arbitration Association or its designee. The American
Arbitration Association or its designee shall have the responsibility for making decisions
on any and all matters in dispute regarding the mechanics of the referendum, eligibility,
and other necessary decisions relating to the conduct of the referendum.
(e) All costs incurred in conducting the referendum shall be borne jointly by the school
board and the petitioners.
(f) The ballot used in any referendum shall include “no representation” among the choices.
The organization designated by the majority of the votes cast shall be the negotiating
representative. If the majority is “no representation,” then the school board may
not recognize any representative for at least 12 months thereafter. If no choice
receives a majority vote, then a run-off referendum shall be conducted among the two
choices receiving the greatest number of votes. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2019, No. 131 (Adj. Sess.), § 90; 2019, No. 180 (Adj. Sess.), § 2, eff. Jan. 1, 2021; 2023, No. 117 (Adj. Sess.), § 5, eff. July 1, 2024.)
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Subchapter 003: NEGOTIATIONS
§ 2001. Good faith
The negotiations councils of the school board and of the recognized teachers’ or administrators’
organization shall meet together at reasonable times, upon request of either party,
and shall negotiate in good faith on all matters properly before them under the provisions
of this chapter. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2007, No. 82, § 31.)
§ 2002. Access to materials and facilities
The school board shall permit teachers, administrators, and their respective organizations
access at reasonable times to areas in which teachers and administrators work, and
to use institutional bulletin boards, mail boxes, or other communication media subject
to reasonable regulation by the school board, and to use school facilities at reasonable
times for the purpose of meetings concerned with the exercise of rights guaranteed
by this chapter. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969.)
§ 2003. Time to begin
The teacher or administrator organizations holding exclusive negotiating rights shall
make a request for commencement of negotiations either to their school board or to
the school board negotiations council no later than 120 days prior to the earliest
school district annual meeting conducted within the supervisory union. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2007, No. 82, § 32.)
§ 2004. Agenda
(a) The school board, through its negotiations council, shall, upon request, negotiate
with representatives of the teachers’ or administrators’ organization negotiations
council on matters of salary, related economic conditions of employment, the manner
in which it will enforce an employee’s obligation to pay the agency fee, procedures
for processing complaints and grievances relating to employment, and any mutually
agreed-upon matters not in conflict with the statutes and laws of the State of Vermont.
(b) As used in this section, the terms “salary” and “related economic conditions of employment”
shall not include health care benefits or coverage other than stand-alone vision and
dental benefits. Health care benefits and health coverage, excluding stand-alone vision
and dental benefits but including health reimbursement arrangements and health savings
accounts, shall not be subject to collective bargaining pursuant to this chapter,
but shall be determined pursuant to chapter 61 of this title. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2005, No. 25, § 3; 2007, No. 82, § 33; 2013, No. 37, § 12; 2017, No. 74, § 23; 2018, No. 11 (Sp. Sess.), § H.19, eff. Jan. 1, 2020.)
§ 2005. Written agreement
The negotiations councils for the school board and the teachers’ or administrators’
organization shall enter into a written agreement or agreements incorporating matters
agreed to in negotiation. The written agreement shall incorporate by reference the
terms of the agreement entered into pursuant to chapter 61 of this title. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2007, No. 82, § 34; 2018, No. 11 (Sp. Sess.), § H.20, eff. Jan. 1, 2020; 2019, No. 131 (Adj. Sess.), § 91.)
§ 2006. Mediator
If, after negotiation has taken place on all matters properly before them, the negotiations
councils for the school board and teachers’ or administrators’ organization are unable
to reach agreement on specific negotiable items, they may jointly agree upon the services
and person of a mediator for the purpose of assisting them in reconciling their differences
and resolving the controversy on terms that are mutually acceptable. If agreement
cannot be reached upon the person of a mediator, either party may request mediation
upon any and all unresolved issues to be conducted by the American Arbitration Association
or its designee. The parties shall meet with the mediator and make such information
available as required. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2007, No. 82, § 35.)
§ 2007. Fact-finding committee
(a) If mediation fails to resolve outstanding differences or is not requested and a continuing
disagreement persists, either party may, after negotiation on all matters properly
before them, request that any or all unresolved issues be submitted to a fact-finding
committee by notifying the other party of their intention and setting forth in writing
the issues to be submitted to fact-finding.
(b) The fact-finding committee, which shall be activated as soon as practicable upon request,
shall be composed of one member selected by the school board negotiations council,
one member selected by the negotiations council for the teachers’ or administrators’
organization, and one member who shall serve as chair, to be chosen by the other two
members. In the event that agreement cannot be reached on a third member for the fact-finding
committee, the American Arbitration Association shall be asked to appoint the third
member.
(c) The fact-finding committee shall convene as soon as practicable after its appointment,
hold informal hearings as necessary, and provide adequate opportunity to all parties
to testify fully on, and present evidence regarding, their respective positions.
All parties to the dispute shall furnish the fact-finding committee upon its request
all records, papers, and information in their possession pertaining to any matter
properly in issue before the fact-finding committee. The fact-finding committee shall
make a written report and shall deliver it to both parties recommending a reasonable
basis for the settlement of the disagreement within 30 days after the appointment
of all members of the committee.
(d) The report of the fact-finding committee shall be advisory only and shall not be binding
on either party. The report shall be made public by the fact-finding committee if
the issues in dispute have not been resolved within ten days of the delivery of the
report.
(e) All expenses of fact-finding and mediation shall be borne jointly by the parties to
the dispute. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2007, No. 82, § 36.)
§ 2008. Finality of decisions
All decisions of the school board regarding matters in dispute in negotiations shall,
after full compliance with this chapter, be final. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969.)
§ 2009. Delegation of authority
The negotiations councils for school boards and for teachers’ and administrators’
organizations are empowered to delegate in whole or in part the responsibility for
negotiation of the collective agreement to any persons they may choose. However, final
ratification of any agreement on behalf of a school board shall remain the sole responsibility
of the school board, unless the school board has agreed to binding interest arbitration
pursuant to subchapter 4 of this chapter. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 1991, No. 196 (Adj. Sess.), § 3; 2007, No. 82, § 37.)
§ 2010. Injunctions
No restraining order or temporary or permanent injunction shall be granted in any
case brought with respect to any action taken by a representative organization or
an official thereof or by a school board or representative thereof in connection with
or relating to pending or future negotiations, except on the basis of findings of
fact made by a court of competent jurisdiction after due hearing prior to the issuance
of the restraining order or injunction that the commencement or continuance of the
action poses a clear and present danger to a sound program of school education that
in the light of all relevant circumstances it is in the best public interest to prevent.
Any restraining order or injunction issued by a court as provided in this section
shall prohibit only a specific act or acts expressly determined in the findings of
fact to pose a clear and present danger. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2019, No. 131 (Adj. Sess.), § 92.)
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Subchapter 004: BINDING INTEREST ARBITRATION
§ 2021. Negotiated binding interest arbitration
(a) Arbitration shall only occur if the recognized organization and one or more of the
school boards agree in writing to submit to binding arbitration for one or more issues
remaining in dispute. An agreement to accept binding interest arbitration may not
be revoked and shall apply only to the parties to the arbitration.
(b) The parties may mutually agree to accept binding interest arbitration at any time
after impasse is reached. If the parties have neither accepted all recommendations
of a fact-finder nor reached an independent agreement on all issues in dispute, either
the school board or the recognized organization may request binding interest arbitration
by written notice to the other party. The parties shall mutually agree on one of the
following limitations on the jurisdiction of the arbitrator:
(1) Arbitration under which the award is confined to a choice between one of the following
single packages:
(A) The last best offer of the school board.
(B) The last best offer of the recognized organization.
(2) Arbitration under which the award is confined to a choice between one of the following
on an issue-by-issue basis:
(A) The last best offer of the school board.
(B) The last best offer of the recognized organization.
(c) A strike, which shall have the same meaning as provided in 21 V.S.A. § 1722(16), shall be prohibited if it occurs after both parties have voluntarily submitted a
dispute to final and binding arbitration or after a decision or award has been issued
by the arbitrator. A school board may petition for an injunction or other appropriate
relief from the Superior Court in the county in which such strike in violation of
this section is occurring or is about to occur.
(d) If any provision of this subchapter is inconsistent with any other provision of law
governing arbitration, this subchapter shall govern. (Added 1991, No. 196 (Adj. Sess.), § 1; amended 2007, No. 82, § 38; 2019, No. 131 (Adj. Sess.), § 93.)
§ 2022. Selection and decision of arbitrator
(a) When arbitration has been invoked in accordance with this subchapter, the parties
shall within five days mutually select a single arbitrator and each party shall state
its final offer on all disputed issues. If the parties fail to select an arbitrator
within five days, they shall request the services of the American Arbitration Association
for the appointment of an arbitrator.
(b) Within 90 days after the appointment of the arbitrator or another period of time agreed
upon by the parties, he or she shall hold a hearing and shall decide all disputed
issues within his or her jurisdiction as defined by this chapter, and this award shall
become an agreement of the parties. (Added 1991, No. 196 (Adj. Sess.), § 1.)
§ 2023. Jurisdiction of arbitrator
(a) The parties may reach partial agreement on some issues or accept a fact-finder’s recommendations
on some issues. The arbitrator shall have the power to determine all issues remaining
in dispute involving wages, hours, and conditions of employment as defined by this
chapter and any other mutually agreed upon matters not in conflict with law.
(b) At any time prior to the issuance of a decision by the arbitrator, the parties may
jointly file with the arbitrator any stipulations setting forth contract provisions
that both parties agree to accept. The parties shall submit to the arbitrator their
respective positions on all issues in dispute between them in the form of a last best
offer.
(c) The arbitrator shall resolve all remaining disputed issues in his or her jurisdiction
in accordance with the agreement of the parties. The arbitrator shall incorporate
in a written decision the resolution of each disputed issue and an explanation of
how the total cost of all offers was considered. (Added 1991, No. 196 (Adj. Sess.), § 1.)
§ 2024. Judicial appeal
Upon application of a party, a Superior Court shall vacate an award on the same grounds
as set forth in 21 V.S.A. § 1733(d) and according to the same procedures as set forth in 21 V.S.A. § 1733(e). (Added 1991, No. 196 (Adj. Sess.), § 1.)
§ 2025. Factors to be considered by arbitrator
(a) At the hearing, each party shall have full opportunity to submit all relevant evidence,
to introduce relevant documents and written material, and to argue on behalf of its
positions. At the hearing, both parties may present evidence regarding the financial
capacity of the school district. The arbitrator shall preside over such hearing.
(b) In reaching a decision, the arbitrator shall give weight to the factors listed in
subsection (a) of this section, plus the following factors:
(1) the lawful authority of the school board;
(2) stipulations of the parties;
(3) the interest and welfare of the public and the financial ability of the school board
to pay for increased costs of public services, including the cost of labor;
(4) comparisons of the wages, hours, and conditions of employment of the employees involved
in the dispute with the wages, hours, and conditions of employment of other employees
performing similar services in public schools in comparable communities or in private
employment in comparable communities;
(5) the average consumer prices for goods and services commonly known as the cost of living;
(6) the overall compensation presently received by the employees, including direct wages,
fringe benefits, and continuity conditions and stability of employment, and all other
benefits received; and
(7) prior negotiations and existing conditions of other school and municipal employees. (Added 1991, No. 196 (Adj. Sess.), § 1.)
§ 2026. Notice of award
The arbitrator shall file one copy of the decision with each city or town clerk in
the school district involved, the school board, and the recognized organization. The
decision of the arbitrator shall be final and binding upon the parties to the dispute. (Added 1991, No. 196 (Adj. Sess.), § 1.)
§ 2027. Fees and expenses
The parties shall share equally the fee of the arbitrator and all other mutually incurred
costs incidental to the arbitration. (Added 1991, No. 196 (Adj. Sess.), § 1.)
§ 2028. 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 who 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, § 13a.)