reglab/housing_qa huggingface dataset:
21 V.S.A. § 1581
2021 Vermont Statutes|Title 21 - Labor|Chapter 19 - Vermont State Labor Relations Act|§ 1581. Petitions for election; filing, investigations, hearings, determinations

§ 1581. Petitions for election; filing, investigations, hearings, determinations|(a) A petition may be filed with the Board, in accordance with regulations prescribed by the Board:  (1) By an employee or group of employees, or any individual or labor organization acting in their behalf, alleging that not less than 30 percent of the employees;  (A) wish to be represented for collective bargaining and that their employer declines to recognize their representative as the representative defined in section 1583 of this title; or (B) assert that the individual or labor organization which has been certified or is being currently recognized by their employer as the bargaining representative, is no longer a representative as defined in section 1583 of this title.  (2) By an employer, alleging that one or more individuals or labor organizations have presented to him or her a claim to be recognized as the representative defined in section 1583 of this title.   (b) The Board shall investigate the petition and if it has reasonable cause to believe that a question of representation exists shall provide for an appropriate hearing before the Board itself, a member thereof, 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 marked at the place of election and certify to the parties, in writing, the results thereof.(c) In determining whether or not a question of representation exists, it shall apply the same regulations and rules of decision 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 regulations and rules of decision of the Board.(e) For the purposes of this chapter, representatives of employees of a collective bargaining unit voluntarily recognized by an employer through the voluntary negotiation of an employment contract with such unit shall constitute recognized representatives of the employees until such time as any other representative is recognized under the provisions of this section or until such representatives' authority is rescinded under section 1584 of this title. (Added 1967, No. 198, § 8; amended 1973, No. 213 (Adj. Sess.), § 2, eff. April 3, 1974.)
21 V.S.A. § 1582
2021 Vermont Statutes|Title 21 - Labor|Chapter 19 - Vermont State Labor Relations Act|§ 1582. Election; eligibility to vote, runoff elections

§ 1582. Election; eligibility to vote, runoff elections|An election shall not be directed in any bargaining unit or any subdivision within which, in the preceding 12 months, a valid election has been held. Employees engaged in an economic strike who are not entitled to reinstatement are eligible to vote, under regulations of the Board consistent with this Act, in any election conducted within 12 months after the beginning of the strike. In any election where none of the choices on the ballot receive a majority, a runoff shall be conducted by the Board. The ballot shall provide for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election. (Added 1967, No. 198, § 9.)
21 V.S.A. § 1583
2021 Vermont Statutes|Title 21 - Labor|Chapter 19 - Vermont State Labor Relations Act|§ 1583. Powers of representatives

§ 1583. Powers of representatives|Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment. However, any individual employee or group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted, without the intervention of the bargaining representative, as long as the adjustment is not inconsistent with the terms of a collective bargaining contract or agreement then in effect, provided that the bargaining representative has been given an opportunity to be present at such adjustment. (Added 1967, No. 198, § 10.)
21 V.S.A. § 1584
2021 Vermont Statutes|Title 21 - Labor|Chapter 19 - Vermont State Labor Relations Act|§ 1584. Petitions and election to rescind representative's authority

§ 1584. Petitions and election to rescind representative's authority|(a) When 30 percent or more of the employees in a bargaining unit covered by an agreement between their employer and a labor organization requiring membership in a labor organization as a condition of employment file a petition alleging that they desire that the authority of the labor organization to make such an agreement be rescinded, the Board shall take a secret ballot of the employees in such unit and certify the results thereof, in writing, to the labor organization and to the employer.(b) No election may be conducted under this section in a bargaining unit or a subdivision within which in the preceding 12 months a valid election has been held. (Added 1967, No. 198, § 11.)
21 V.S.A. § 1585
2021 Vermont Statutes|Title 21 - Labor|Chapter 19 - Vermont State Labor Relations Act|§ 1585. Election conduct

§ 1585. Election conduct|Any interested person may file with the Board a charge that employees eligible to vote in an election under this chapter have been coerced or restrained in the exercise of this right. The Board shall investigate the charge. If, upon the basis of its findings, the Board concludes that employees eligible to vote in the election were so coerced or restrained, the Board may set aside such election and order another election and may begin proceedings under section 1622 of this title. No election shall be set aside unless the Board finds such coercion or restraint. (Added 1967, No. 198, § 13.)
21 V.S.A. § 1624
2021 Vermont Statutes|Title 21 - Labor|Chapter 19 - Vermont State Labor Relations Act|§ 1624. Contract ratification; annual vote

§ 1624. Contract ratification; annual vote|Annually, the employees of the bargaining unit shall meet and discuss whether employees who have chosen not to join the employee organization shall be allowed to vote on the ratification of any collective bargaining agreement entered into pursuant to this chapter. After discussion, employees that are members of the employee organization shall vote on whether to allow employees who have chosen not to join the employee organization to vote on the ratification of any collective bargaining agreement. (Added 2013, No. 37, § 15a, eff. June 30, 2013.)
21 V.S.A. § 1632
2021 Vermont Statutes|Title 21 - Labor|Chapter 20 - Independent Direct Support Providers|§ 1632. Rights of independent direct support providers

§ 1632. Rights of independent direct support providers|Independent direct support providers shall have the right to:  (1) organize, form, join, or assist a labor organization for the purposes of collective bargaining without interference, restraint, or coercion; (2) bargain collectively through their chosen representatives; (3) engage in concerted activities for the purpose of supporting or engaging in collective bargaining or other mutual aid or protection; (4) pursue grievances through the exclusive representative as provided in this chapter; and (5) refrain from any or all such activities, subject to the requirements of subdivision 1634(b)(3) of this chapter. (Added 2013, No. 48, § 1, eff. May 24, 2013.)
21 V.S.A. § 1633
2021 Vermont Statutes|Title 21 - Labor|Chapter 20 - Independent Direct Support Providers|§ 1633. Rights of the State

§ 1633. Rights of the State|Subject to the rights guaranteed by this chapter and subject to all other applicable laws, rules, and regulations, nothing in this chapter shall be construed to interfere with the right of the State to:  (1) carry out the statutory mandate and goals of the Agency of Human Services and to utilize personnel, methods, and means in the most appropriate manner possible; (2) with the approval of the Governor, take whatever action may be necessary to carry out the mission of the Agency of Human Services in an emergency situation; (3) comply with federal and State laws and regulations; (4) enforce regulations and regulatory processes; (5) develop regulations and regulatory processes that do not impair existing contracts, subject to the duty to bargain over mandatory subjects of bargaining and to the rulemaking authority of the General Assembly and the Human Services Board; and (6) solicit and accept for use any grant of money, services, or property from the federal government, the State, or any political subdivision or agency of the State, including federal matching funds, and to cooperate with the federal government or any political subdivision or agency of the State in making an application for any grant. (Added 2013, No. 48, § 1, eff. May 24, 2013.)
21 V.S.A. § 1635
2021 Vermont Statutes|Title 21 - Labor|Chapter 20 - Independent Direct Support Providers|§ 1635. Election; bargaining unit

§ 1635. Election; bargaining unit|(a) Petitions and elections shall be conducted pursuant to the procedures provided in 3 V.S.A. §§ 941 and 942, except that only one bargaining unit shall exist for independent direct support providers, and the exclusive representative shall be the exclusive representative for the purpose of grievances.(b) A representation election for independent direct support providers conducted by the Board shall be by mail ballot.(c) The bargaining unit for purposes of collective bargaining pursuant to this chapter shall be one statewide unit of independent direct support providers. Eligible independent direct support providers shall have the right to participate in a representation election but shall not have the right to vote on or otherwise determine the collective bargaining unit. Eligible independent direct support providers shall all be independent direct support providers who have been paid for providing home- and community-based services within the previous 180 days.(d) At least quarterly the State shall compile and maintain a list of names and addresses of all independent direct support providers who have been paid for providing home- and community-based services to service recipients within the previous 180 days. The list shall not include the names of any recipient, or indicate that an independent direct support provider is a relative of a recipient or has the same address as a recipient. The State shall, upon request, provide within seven days the most recent list of independent direct support providers in its possession to any organization which has as one of its primary purposes the collective bargaining representation of independent direct support providers in their relations with State or other public entities. This obligation shall include providing the most recent list, upon request, to any labor organization certified as the exclusive representative under this chapter. (Added 2013, No. 48, § 1, eff. May 24, 2013.)
21 V.S.A. § 1637
2021 Vermont Statutes|Title 21 - Labor|Chapter 20 - Independent Direct Support Providers|§ 1637. General duties and prohibited conduct

§ 1637. General duties and prohibited conduct|(a) The State and the independent direct support providers and their representatives shall make every reasonable effort to make and maintain agreements concerning matters allowed under this chapter and to settle all disputes, whether arising out of the application of those agreements or disputes concerning the agreements. All disputes shall, upon request of either party, be considered within 15 days of the request or at such times as may be mutually agreed to and if possible settled with all expedition in conference between representatives designated and authorized to confer by the State or the independent direct support providers. This obligation does not compel either party to make any agreements or concessions.(b) It shall be an unfair labor practice for the State to:  (1) interfere with, restrain, or coerce independent direct support providers in the exercise of their rights under this chapter or by any law, rule, or regulation; (2) dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it; (3) discriminate in regard to referral practices or eligibility for work opportunities within covered programs for an independent direct support provider, or to encourage or discourage membership in any labor organization; (4) take negative action against an independent direct support provider because the provider has taken actions demonstrating his or her support for a labor organization, including signing a petition, grievance, or affidavit or giving testimony under this chapter; (5) refuse to bargain collectively in good faith with the exclusive representative; (6) discriminate against an independent direct support provider based on race, color, creed, religion, age, gender, sexual orientation, gender identity, or national origin, or because the provider is a qualified individual with a disability.   (c) It shall be an unfair labor practice for a labor organization to:  (1) Restrain or coerce independent direct support providers in the exercise of the rights guaranteed them by law, rule, or regulation. However, a labor organization may prescribe its own rules with respect to the acquisition or retention of membership, provided such rules are not discriminatory. (2) Refuse to bargain collectively in good faith with the State. (3) Cause, or attempt to cause, the State to discriminate against an independent direct support provider in violation of subsection (b) of this section. (4) Threaten to or cause a provider to strike or curtail the provider's services in recognition of a picket line of any employee or labor organization.   (d) An independent direct support provider shall not strike or curtail his or her services in recognition of a picket line of any employee or labor organization. (Added 2013, No. 48, § 1, eff. May 24, 2013.)
21 V.S.A. § 1639
2021 Vermont Statutes|Title 21 - Labor|Chapter 20 - Independent Direct Support Providers|§ 1639. Negotiated agreement; funding

§ 1639. Negotiated agreement; funding|(a) If the State and the exclusive representative reach an agreement, the Governor shall request from the General Assembly an appropriation sufficient to fund the agreement in the next operating budget. If the General Assembly appropriates sufficient funds, the negotiated agreement shall become effective and binding at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly and shall become effective and legally binding in the next fiscal year.(b) Collective bargaining agreements shall be for a maximum term of two years and shall not be subject to cancellation or renegotiation during the term except with the mutual consent in writing of both parties, which consent shall be filed with the Board. Upon the filing of such consent, an agreement may be supplemented, cancelled, or renegotiated.(c) The agreement shall terminate at the expiration of its specified term. Negotiations for a new agreement to take effect upon the expiration of the preceding agreement shall be commenced at any time within one year next preceding the expiration date upon the request of either party and may be commenced at any time previous thereto with the consent of both parties.(d) In the event the State of Vermont and the collective bargaining unit are unable to arrive at an agreement and there is not an existing agreement in effect, the existing contract shall remain in force until a new contract is ratified by the parties. However, nothing in this subsection shall prohibit the parties from agreeing to a modification of certain provisions of the existing contract which, as amended, shall remain in effect until a new contract is finalized and funded by the General Assembly.(e) The Board is authorized to enforce compliance with all provisions of a collective bargaining agreement upon complaint of either party. In the event a complaint is made by either party to an agreement, the Board shall proceed in the manner prescribed in section 1638 of this title relating to the prevention of unfair labor practices. (Added 2013, No. 48, § 1, eff. May 24, 2013.)
21 V.S.A. § 1640
2021 Vermont Statutes|Title 21 - Labor|Chapter 20 - Independent Direct Support Providers|§ 1640. Rights unaltered

§ 1640. Rights unaltered|(a) A collective bargaining agreement shall not infringe upon any rights of service recipients or their surrogates to hire, direct, supervise, or discontinue the employment of any particular independent direct support provider.(b) Nothing in this section shall alter the rights and obligations of private sector employers and employees under the National Labor Relations Act, 29 U.S.C. § 151 et seq.(c) Independent direct support providers shall not be considered State employees for purposes other than collective bargaining, including for purposes of joint or vicarious liability in tort or the limitation on liability in subsection (e) of this section. Independent direct support providers shall not be eligible for participation in the State Employee Retirement System or health care plan solely by virtue of bargaining under this chapter. Nothing in this chapter shall require the State to alter its current practice with respect to independent direct support providers of making payments regarding Social Security and Medicare taxes, federal or State unemployment contributions, or workers' compensation insurance.(d) Nothing in this chapter shall infringe upon the right of the Judiciary and the General Assembly to make programmatic modifications to the delivery of State services through subsidy or other programs.(e) The State and its employees shall not be vicariously liable for any act or omission by an independent direct support provider or any claim arising out of the employment relationship between a service recipient and an independent direct service provider, nor shall the State be liable as a joint employer. (Added 2013, No. 48, § 1, eff. May 24, 2013.)
21 V.S.A. § 1641
2021 Vermont Statutes|Title 21 - Labor|Chapter 20 - Independent Direct Support Providers|§ 1641. Rules and regulations

§ 1641. Rules and regulations|The Board shall make and may amend and rescind and adopt such rules and regulations consistent with this chapter as may be necessary to carry out the provisions of this chapter. (Added 2013, No. 48, § 1, eff. May 24, 2013.)
21 V.S.A. § 1642
2021 Vermont Statutes|Title 21 - Labor|Chapter 20 - Independent Direct Support Providers|§ 1642. Appeal

§ 1642. Appeal|(a) Any person aggrieved by an order or decision of the Board issued under the authority of this chapter may appeal on questions of law to the Supreme Court.(b) An order of the Board shall not automatically be stayed pending appeal. A stay must first be requested from the Board. The Board may stay the order or any part of it. If the Board denies a stay, then a stay may be requested from the Supreme Court. The Supreme Court or a single Justice may stay the order or any part of it and may order additional interim relief. (Added 2013, No. 48, § 1, eff. May 24, 2013.)
21 V.S.A. § 1643
2021 Vermont Statutes|Title 21 - Labor|Chapter 20 - Independent Direct Support Providers|§ 1643. Enforcement

§ 1643. Enforcement|(a) Orders of the Board issued under this chapter may be enforced by any party or by the Board by filing a petition with the Civil Division of the Superior Court of Washington County or in the Civil Division of the Superior Court in the county in which the action before the Board originated. The petition shall be served on the adverse party as provided for service of process under the Vermont Rules of Civil Procedure. If, after hearing, the court determines that the Board had jurisdiction over the matter and that a timely appeal was not filed or that an appeal was timely filed and a stay of the Board order or any part of it was not granted or that a Board order was affirmed on appeal in pertinent part by the Supreme Court, the court shall incorporate the order of the Board as a judgment of the court. There is no appeal from that judgment except that a judgment reversing a Board decision on jurisdiction may be appealed to the Supreme Court.(b) Upon filing of a petition by a party or the Board, the court may grant such temporary relief, including a restraining order, as it deems proper pending formal hearing.(c) Orders and decisions of the Board shall apply only to the particular case under appeal, but any number of appeals presenting similar issues may be consolidated for hearing with the consent of the Board. The Board shall not modify, add to, or detract from a collective bargaining agreement by any order or decision. (Added 2013, No. 48, § 1, eff. May 24, 2013.)
21 V.S.A. § 1644
2021 Vermont Statutes|Title 21 - Labor|Chapter 20 - Independent Direct Support Providers|§ 1644. Antitrust exemption

§ 1644. Antitrust exemption|The activities of independent direct support providers and their exclusive representative that are necessary for the exercise of their rights under this chapter shall be afforded State action immunity under applicable federal and State antitrust laws. The State intends that the "State action" exemption to federal antitrust laws be available only to the State, to independent direct support providers, and to their exclusive representative in connection with these necessary activities. Exempt activities shall be actively supervised by the State. (Added 2013, No. 48, § 1, eff. May 24, 2013.)
21 V.S.A. § 1645
2021 Vermont Statutes|Title 21 - Labor|Chapter 20 - Independent Direct Support Providers|§ 1645. Automatic membership dues deduction

§ 1645. Automatic membership dues deduction|Independent direct support providers who are members of the labor organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from an independent direct support provider, the State shall, as soon as practicable and in any event, not later than 30 calendar days after receiving the authorization, commence withholding from the independent direct support provider's wages the amount of membership dues certified by the labor organization. The State shall transmit the amount withheld to the labor organization on the same day as the independent direct support provider is paid. Nothing in this section shall be construed to require a member of a labor organization to participate in automatic dues deduction. (Added 2019, No. 180 (Adj. Sess.), § 7, eff. Jan. 1, 2021.)