§ 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(c) [Repealed.]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.)