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: 33 V.S.A. § 3607)
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§ 3607. Petitions for election; filing; investigations; hearings; determinations
(a) A petition may be filed with the Board in accordance with rules prescribed by the
Board:
(1) By an early care and education provider or group of providers or any individual or
labor organization acting on the providers’ behalf:
(A) alleging that not less than 30 percent of the providers in the petitioned bargaining
unit wish to be represented for collective bargaining and that the State declines
to recognize their representative as the representative defined in this chapter; or
(B) asserting that the labor organization that has been certified as the bargaining representative
no longer represents a majority of early care and education providers.
(2) By the State alleging that one or more individuals or labor organizations have presented
a claim to be recognized as the exclusive representative defined in this chapter.
(b) The Board shall investigate the petition and, if it has reasonable cause to believe
that a question concerning representation exists, shall conduct a hearing. The hearing
shall be held before the Board, a member of the Board, or its agents appointed for
that purpose upon due notice. Written notice of the hearing shall be mailed by certified
mail to the parties named in the petition not less than seven days before the hearing.
If the Board finds upon the record of the hearing that a question of representation
exists, it shall conduct an election by secret ballot and certify to the parties,
in writing, the results of the election.
(c) In determining whether or not a question of representation exists, the Board shall
apply the same rules of decision making regardless of the identity of the persons
filing the petition or the kind of relief sought.
(d) Nothing in this chapter prohibits the waiving of hearings by stipulation for a consent
election in conformity with rules of the Board.
(e) For the purposes of this chapter, the State may voluntarily recognize the exclusive
representative of a unit of early care and education providers if the labor organization
demonstrates that it has the support of a majority of the providers in the unit it
seeks to represent and no other employee organization seeks to represent the providers. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014; amended 2021, No. 20, § 323.)