The Vermont Statutes Online

Title 21 : Labor

Chapter 019 : Vermont State Labor Relations Act

Subchapter 004 : UNFAIR LABOR PRACTICES

• § 1623. Judicial review

  (a) The Board may petition the Supreme Court for the enforcement of such Board order relative thereto and for appropriate temporary relief or restraining order. The Board shall certify and file in the court the entire record in the proceeding, including the pleadings and evidence upon which the order was entered, and its findings and order; provided, however, the court may, by separate rule, set forth the portions of the record to be certified and filed. Thereupon, the court shall cause notice thereof to be served upon such person, and shall then have jurisdiction of the proceeding and of the question determined therein. It shall have the power to grant such temporary relief or restraining order as it considers just and proper, and to make and enter a decree enforcing, modifying and enforcing as so modified, or wholly or partly setting aside the Board’s order.

  (b) The parties before the court shall be the Board and such person found by the Board to have committed the unfair labor practice.

  (c) Any aggrieved party to a proceeding under section 1622 of this title may appeal to the Supreme Court under 12 V.S.A. chapter 102 and the Vermont Rules of Appellate Procedure.

  (d) No objection that has not been urged before the Board may be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Board with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. However, if either party applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such additional evidence at the hearing before the Board, the court may order such additional evidence to be taken before the Board and to be made a part of the record. The Board may modify its findings as to facts or make new findings because of additional evidence so taken. The Board shall file such modified or new findings which findings with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order.

  (e) The commencement of proceedings under this section shall not, unless specifically ordered by the court, operate as a stay of the Board’s order.

  (f) Petitions filed under the chapter shall be heard expeditiously.

  (g) The Board shall have the power upon issuance of a complaint as provided for under this act to petition the Superior Court within any county wherein the unfair labor practice is alleged to have occurred, for appropriate temporary relief or restraining order. Upon the filing of such petition the court shall cause notice thereof to be served upon such person, and thereupon, shall have jurisdiction to grant to the Board such temporary relief as it deems just and proper. (Added 1967, No. 198, § 16; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2017, No. 74, § 57.)