§ 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.)