The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 21 V.S.A. § 1638)
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§ 1638. Prevention of unfair practices
(a) The Board may prevent the State or a labor organization from engaging in any unfair
labor practice listed in section 1637 of this title. Whenever a charge is made that the State or a labor organization has engaged in
or is engaging in any unfair labor practice, the Board may issue and cause to be served
upon that party a complaint stating the charges in that respect and containing a notice
of hearing before the Board at a place and time therein fixed at least seven days
after the complaint is served. The Board may amend the complaint at any time before
it issues an order based thereon. 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 the service of a copy thereof upon the party against whom such charge is
made, unless the person aggrieved thereby 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 his or her discharge.
(b) The party complained of shall have the right to file an answer to the original or
amended complaint and appear in person or otherwise and present evidence in connection
therewith at the time and place fixed in the complaint. In the discretion of the Board,
any other person may be permitted to intervene and present evidence in the matter.
Any proceeding under this section shall, so far as practicable, be conducted in accordance
with rules of evidence used in the courts. The Board shall provide for the making
of a transcript of the testimony presented at the hearing.
(c) The Board shall have power to administer oaths and take testimony under oath relative
to the matter of inquiry. At any hearing ordered by the Board, the Board shall have
the power to subpoena witnesses and to demand the production of books, papers, records,
and documents for its examination. Officers who serve subpoenas issued by the Board
and witnesses attending hearings conducted by the Board shall receive fees and compensation
at the same rates as officers and witnesses in causes before a Criminal Division of
the Superior Court, to be paid on vouchers of the Board.
(d) If upon the preponderance of the evidence, the Board finds that any party named in
the complaint has engaged in or is engaging in any such unfair labor practice, it
shall state its finding of fact in writing and shall issue and cause to be served
on that party an order requiring him or her to cease and desist from the unfair labor
practice, and to take such affirmative action as will carry out the policies of this
chapter. If upon the preponderance of the evidence, the Board does not find that the
party named in the complaint has engaged in or is engaging in any unfair labor practice,
it shall state its findings of fact in writing and dismiss the complaint.
(e) In determining whether a complaint shall issue alleging a violation of subsection
1637(b) or (c) of this title, and in deciding those cases, the same rules of decision
shall apply irrespective of whether or not a labor organization affected is affiliated
with a labor organization national or international in scope. (Added 2013, No. 48, § 1, eff. May 24, 2013; amended 2025, No. 18, § 35, eff. May 13, 2025.)