§ 1631. Definitions
As used in this chapter:
(1) “Board” means the State Labor Relations Board established by 3 V.S.A. § 921.
(2) “Collective bargaining” or “bargaining collectively” means the process by which the
State and the exclusive representative of the independent direct support providers
negotiate mandatory subjects of bargaining identified in subsection 1634(b) of this
chapter, or any other mutually agreed subjects of bargaining not in conflict with
State or federal law, with the intent to arrive at an agreement that, when reached,
shall be legally binding on all parties.
(3) “Collective bargaining service fee” means a fee deducted by the State from the compensation
of an independent direct support provider who is not a member of the exclusive representative
of independent direct support providers, which is paid to the exclusive representative.
The collective bargaining service fee shall not exceed 85 percent of the amount payable
as dues by members of the exclusive representative, and shall be deducted in the same
manner as dues are deducted from the compensation of members of the exclusive representative,
and shall be used to defray the costs incurred by the labor organization in fulfilling
its duty to represent independent direct support providers in their relations with
the State.
(4) “Exclusive representative” means the labor organization that has been certified under
this chapter and has the right to represent independent direct support providers for
the purpose of collective bargaining.
(5) “Grievance” means the exclusive representative’s formal written complaint regarding
the improper application of one or more terms of the collective bargaining agreement,
the failure to abide by any agreement reached, or the discriminatory application of
a rule or regulation, which has not been resolved to a satisfactory result through
informal discussion with the State.
(6) “Independent direct support provider” means any individual who provides home- and
community-based services to a service recipient and is employed by the service recipient,
shared living provider, or surrogate.
(7) “Labor organization” means an organization of any kind in which independent direct
support providers participate and that exists, in whole or in part, for the purpose
of representing independent direct support providers.
(8) “Service recipient” means a person who receives home- and community-based services
under the Choices for Care Medicaid waiver, the Attendant Services Program (ASP),
the Children’s Personal Care Service Program, the Developmental Disabilities Services
Program, or any successor program or similar program subsequently established.
(9) “Shared living provider” means a person who operates under a contract with an authorized
agency and provides individualized home support for one or two people who live in
his or her home. An authorized agency includes a designated agency for developmental
services.
(10) “Surrogate” means a service recipient’s authorized family member, legal guardian,
or a person identified in a written agreement as having responsibility for the care
of a service recipient. (Added 2013, No. 48, § 1, eff. May 24, 2013.)