The Vermont Statutes Online

Title 3 : Executive

Chapter 027 : State Employees Labor Relations Act

Subchapter 005 : Agreements; Generally

• § 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.)