The Vermont Statutes Online

Title 33 : Human Services

Chapter 036 : Early Care and Education Providers Labor Relations Act

• § 3603. Establishment of collective bargaining

  (a) Early care and education providers, through their exclusive representative, shall have the right to bargain collectively with the State through the Governor’s designee.

  (b)(1) Mandatory subjects of bargaining are limited to:

  (A) child care subsidy reimbursement rates and payment procedures, excluding quality standards and payment schedules associated with the STep Ahead Recognition System (STARS);

  (B) professional development;

  (C) the collection of dues and disbursement to the exclusive representative;

  (D) agency fees and disbursement to the exclusive representative; and

  (E) procedures for resolving grievances.

  (2) The parties may also negotiate on any mutually agreed matters that are not in conflict with State or federal law.

  (c) The State, acting through the Governor’s designee, shall meet with the exclusive representative for the purpose of entering into a written agreement.

  (d) Early care and education providers shall be considered employees, and the State shall be considered the employer, solely for the purpose of collective bargaining under this chapter. Early care and education providers shall be considered State employees for purposes of collective bargaining. Early care and education providers shall not be considered State employees for any other reason, including for purposes of vicarious liability in tort, unemployment compensation, or workers’ compensation. Early care and education providers shall not be eligible for participation in the State Employees Retirement System or the health insurance plans available to Executive Branch employees solely by virtue of bargaining under this chapter.

  (e) An early care and education providers’ organization shall not charge the agency fee unless it has established and maintained a procedure to provide nonmembers with:

  (1) an audited financial statement that identifies the major categories of expenses and divides them into chargeable and nonchargeable expenses;

  (2) an opportunity to object to the amount of the agency fee sought, and to place in escrow any amount reasonably in dispute; and

  (3) prompt arbitration by the Vermont Labor Board to resolve any objections over the agency fee.

  (f) Agency fees, if successfully bargained, shall be based on the proportionate amount of subsidies an early care and education provider receives. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)