§ 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.)