§ 1722. Definitions
As used in this chapter:
(1) “Agency service fee” means a fee deducted by an employer from the salary or wages
of an employee who is not a member of an employee organization, which is paid to the
employee organization that is the exclusive bargaining agent for the bargaining unit
of the employee. An agency service fee shall not exceed 85 percent of the amount payable
as dues by members of the employee organization and shall be deducted in the same
manner as dues are deducted from the salary or wages of members of the employee organization
and shall be used to defray the costs of chargeable activities.
(2) “Board” means the State Labor Relations Board established under 3 V.S.A. § 921.
(3) “Bargaining unit” means a group of employees recognized by the municipal employer
or certified by the Board as appropriate for exclusive representation by an employee
organization for purposes of collective bargaining.
(4) “Collective bargaining” or “bargaining collectively” means the process of negotiating
in good faith the wages, hours, or conditions of employment between a municipal employer
and the exclusive bargaining agent of employees with the intent to arrive at an agreement
that, when reached, shall be reduced to writing.
(5) “Commissioner” means the Commissioner of Labor.
(6) “Confidential employee” means an employee whose responsibility or knowledge or access
to information relating to collective bargaining, personnel administration, or budgetary
matters would make membership in or representation by an employee organization incompatible
with his or her official duties.
(7) “Employee” means a municipal employee as defined in this section.
(8) “Exclusive bargaining agent” means the employee organization certified by the Board
or recognized by the employer as the only organization to bargain collectively for
all employees in the bargaining unit, including persons who are not members of the
employee organization.
(9) “Impasse” means a controversy concerning wages, hours, and conditions of employment
arising from the inability of a municipal employer and an exclusive bargaining agent
to reach agreement after both parties have bargained collectively in good faith for
not less than 60 days.
(10) “Legislative body” means the mayor (or other chief executive officer) and board of
aldermen of a city, the selectboard of a town, the trustees of a village, the trustees
or prudential committee of a district, the school board of a school district, or the
designated governing body of any other political subdivision of the State.
(11) “Managerial prerogative” means any nonbargainable matters of inherent managerial policy.
(12) “Municipal employee” means any employee of a municipal employer, including a municipal
school employee or a professional employee as defined in subdivision 1502(11) of this title, except:
(A) elected officials, board and commission members, and executive officers;
(B) individuals employed as supervisors as defined by section 1502 of this title;
(C) individuals who have been employed on a probationary status;
(D) confidential employees as defined in this section;
(E) certified employees of school districts, except as otherwise provided in section 1735 of this title.
(13) “Municipal employer” means a city, town, village, fire district, lighting district,
consolidated water district, housing authority, union municipal district, or any of
the political subdivisions of the State of Vermont that employs five or more employees
as defined in this section.
(14) “Person” means one or more individuals, a city, town, village, or any other political
subdivision of the State of Vermont, employee organizations, partnerships, corporations,
legal representatives, trustees, or any other natural or legal entity whatsoever.
(15) “Voluntary recognition” means formal acknowledgment by a municipal employer designating
a particular employee organization as the exclusive bargaining agent for municipal
employees in an appropriate bargaining unit.
(16) “Strike” means conduct by an employee or employee organization or its agents that
produces, induces, or encourages a work stoppage, slowdown, or withholding of services;
such conduct includes recognizing a picket line or other conduct that interferes with
or impedes the orderly functions and services of a municipal employer.
(17) “Wages, hours, and other conditions of employment” means any condition of employment
directly affecting the economic circumstances, health, safety, or convenience of employees
but excluding matters of managerial prerogative as defined in this section. For collective
bargaining related to municipal school employees, “wages, hours, and other conditions
of employment” shall not include health care benefits or coverage other than stand-alone
vision and dental benefits.
(18) “School board negotiations council” means, for a supervisory district, its school
board, and, for school districts within a supervisory union or board of cooperative
education services, the body comprising representatives designated by each school
board within the supervisory union or board of cooperative education services and
by the supervisory union board or board of cooperative education services to engage
in collective bargaining with their school employees’ negotiations council.
(19) “School employees’ negotiations council” means the body comprising representatives
designated by each exclusive bargaining agent within a supervisory district, supervisory
union, or board of cooperative education services to engage in collective bargaining
with its school board negotiations council.
(20) “Supervisory district” and “supervisory union” have the same meanings as in 16 V.S.A. § 11.
(21) “Municipal school employee” means an employee of a supervisory union, school district,
or board of cooperative education services who is not otherwise subject to 16 V.S.A. chapter 57 (labor relations for teachers and administrators) and who is not otherwise excluded
pursuant to subdivision (12) of this section.
(22) “Municipal public safety employee” means a municipal employee who is:
(A) a firefighter as defined in 20 V.S.A. § 3151(3);
(B) an ambulance service, emergency medical personnel, or first responder service as defined
in 24 V.S.A. § 2651; or
(C) a law enforcement officer who has been certified by the Vermont Criminal Justice Council
pursuant to 20 V.S.A. § 2358. (Added 1973, No. 111, § 1; amended 1975, No. 113, § 1; 1975, No. 152 (Adj. Sess.), § 6; 1989, No. 215 (Adj. Sess.); 2003, No. 122 (Adj. Sess.), § 85b; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2007, No. 82, § 39; 2009, No. 153 (Adj. Sess.), § 14; 2013, No. 37, § 16, eff. June 30, 2013; 2013, No. 56, § 25, eff. May 30, 2013; 2013, No. 92 (Adj. Sess.), § 305, eff. Feb. 14, 2014; 2013, No. 161 (Adj. Sess.), § 72; 2018, No. 11 (Sp. Sess.), § H.21, eff. Jan. 1, 2020; 2019, No. 61, § 23; 2023, No. 168 (Adj. Sess.), § 10, eff. July 1, 2024.)