The Vermont Statutes Online

Title 3 : Executive

Chapter 028 : Judiciary Employees Labor Relations Act

Subchapter 002 : UNFAIR LABOR PRACTICES

• § 1030. Prevention of unfair practices

  (a) The Board may prevent any person from engaging in any unfair labor practice prohibited under this chapter. Whenever a charge is made that any person has engaged in or is engaging in any unfair labor practice, the Board may issue and cause to be served upon that person a complaint stating the charges and containing a notice of hearing before the Board at a place and time that is at least seven days after the complaint is served. No complaint shall issue based on any unfair labor practice occurring more than six months prior to the filing of the charge with the Board and service of a copy on the person against whom the charge is made, unless the person aggrieved was prevented from filing the charge by reason of service in the U.S. Armed Forces, in which event the six-month period shall be computed from the day of discharge.

  (b) The person complained against may file an answer to the complaint and appear and present evidence. The Board may permit any other person to intervene and present evidence in the matter. A proceeding under this section shall, so far as practicable, be conducted in accordance with Rules of Evidence. The Board shall make a transcript of the hearing in the event the decision of the Board is appealed.

  (c) The Board may administer oaths, take testimony, subpoena witnesses, and demand production of documents. Officers who serve subpoenas issued by the Board and witnesses attending hearings shall be paid fees and compensation on vouchers of the Board at the same rates as officers and witnesses in causes before a Criminal Division of the Superior Court.

  (d) If the Board finds, based on a preponderance of the evidence, that any person named in the complaint has engaged in or is engaging in any unfair labor practice, the Board shall issue an order and findings of fact, and cause to be served on that person an order requiring the person to cease and desist from the unfair labor practice and the Board shall take such affirmative action necessary to carry out the policies of this chapter. If the Board does not find that the person has engaged in any unfair labor practice, the Board shall issue written findings of fact and dismiss the complaint.

  (e) In determining whether a complaint shall issue alleging a violation of subdivision 1026(1) or (2) of this title, and in deciding those cases, the same rules of the Board shall apply whether or not an employee organization is affiliated with a national or international employee organization.

  (f) The Board shall not order reinstatement of any individual who has been suspended or discharged or award any back pay, if the individual was suspended or discharged for cause. (Added 1997, No. 92 (Adj. Sess.), § 9; amended 2009, No. 154 (Adj. Sess.), § 238.)