reglab/housing_qa huggingface dataset:
33 V.S.A. § 3607
2021 Vermont Statutes|Title 33 - Human Services|Chapter 36 - Early Care and Education Providers Labor Relations Act|§ 3607. Petitions for election; filing; investigations; hearings; determinations

§ 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in this chapter; or (B) asserting that the labor organization that has been certified as the bargaining representative no longer represents a majority of early care and education providers.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.)
33 V.S.A. § 3608
2021 Vermont Statutes|Title 33 - Human Services|Chapter 36 - Early Care and Education Providers Labor Relations Act|§ 3608. Election; runoff elections

§ 3608. Election; runoff elections|(a) If a question of representation exists, the Board shall conduct a secret ballot election to determine the exclusive representative of the unit of early care and education providers. The original ballot shall be prepared to permit a vote against representation by anyone named on the ballot. The labor organization receiving a majority of votes cast shall be certified by the Board as the exclusive representative of the unit of early care and education providers. In any election in which there are three or more choices, including the choice of "no union," and none of the choices on the ballot receives a majority, a runoff election 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.(b) An election shall not be directed if in the preceding 12 months a valid election has been held. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)
33 V.S.A. § 3609
2021 Vermont Statutes|Title 33 - Human Services|Chapter 36 - Early Care and Education Providers Labor Relations Act|§ 3609. Powers of representatives

§ 3609. Powers of representatives|The exclusive representative shall be the exclusive representative of all the early care and education providers in the unit for the purposes of collective bargaining and the resolution of grievances. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)
33 V.S.A. § 3610
2021 Vermont Statutes|Title 33 - Human Services|Chapter 36 - Early Care and Education Providers Labor Relations Act|§ 3610. Negotiated agreement; funding

§ 3610. 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 shall be commenced, upon the request of either party, at any time within one year before the expiration date of the current agreement. The parties may mutually agree to commence negotiations for a new collective bargaining agreement more than one year before the expiration date of the current agreement.(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 that, 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 3612 of this chapter relating to the prevention of unfair labor practices. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014; amended 2021, No. 20, § 324.)
33 V.S.A. § 3612
2021 Vermont Statutes|Title 33 - Human Services|Chapter 36 - Early Care and Education Providers Labor Relations Act|§ 3612. General duties and prohibited conduct

§ 3612. General duties and prohibited conduct|(a) The State and all early care and education providers and their representatives shall exert every reasonable effort to make and maintain agreements concerning matters allowable under this chapter and to settle all disputes, whether arising out of the application of those agreements or growing out of any disputes concerning those agreements. However, this obligation does not compel either party to agree to a proposal or make a concession.(b) It shall be an unfair labor practice for the State to:  (1) interfere with, restrain, or coerce early care and education providers in the exercise of their rights under this chapter or by any other 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 against an early care and education provider because of the provider's affiliation with a labor organization or because a provider has filed charges or complaints or has given testimony under this chapter; (4) discriminate against an early care and education provider because the provider has taken actions such as signing a petition, grievance, or affidavit that demonstrates the provider's support for a labor organization; (5) refuse to bargain collectively in good faith with the exclusive representative; (6) discriminate against an early care and education provider based on race, color, religion, ancestry, age, sex, sexual orientation, gender identity, national origin, place of birth, or marital status, or against a qualified disabled individual; or (7) request or require an early care and education provider to have an HIV-related blood test or discriminate against a provider on the basis of HIV status of the provider.   (c) It shall be an unfair labor practice for the exclusive representative to:  (1) Restrain or coerce early care and education providers in the exercise of the rights guaranteed to them under this chapter or 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) Cause or attempt to cause the State to discriminate against an early care and education provider or to discriminate against a provider. (3) Refuse to bargain collectively in good faith with the State. (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) Early care and education providers shall not strike or curtail their services for which they receive State payment in recognition of a picket line of any employee or labor organization.(e) Complaints related to this section shall be made and resolved in accordance with procedures set forth in 3 V.S.A. § 965. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)
33 V.S.A. § 3613
2021 Vermont Statutes|Title 33 - Human Services|Chapter 36 - Early Care and Education Providers Labor Relations Act|§ 3613. Antitrust exemption

§ 3613. Antitrust exemption|The activities of early care and education providers and their exclusive representatives 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 early care and education providers, and to their exclusive representative in connection with these necessary activities. Exempt activities shall be actively supervised by the State. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)
33 V.S.A. § 3614
2021 Vermont Statutes|Title 33 - Human Services|Chapter 36 - Early Care and Education Providers Labor Relations Act|§ 3614. Rights unaltered

§ 3614. Rights unaltered|(a) This chapter does not alter or infringe upon the rights of:  (1) a parent or legal guardian to select and discontinue child care services of any early care and education provider; (2) an early care and education provider to choose, direct, and terminate the services of any employee that provides care in that home; or (3) the Judiciary and General Assembly to make programmatic modifications to the delivery of State services through child care subsidy programs, including standards of eligibility for families, legal guardians, and providers participating in child care subsidy programs, and to the nature of services provided.   (b) Nothing in this chapter shall affect the rights and obligations of private sector employers and employees under the National Labor Relations Act, 29 U.S.C. §§ 151-169, or the Vermont State Labor Relations Act, 21 V.S.A. §§ 1501-1624. The terms and conditions of employment with individual early care and education providers, which are the subjects of traditional collective bargaining between employers and their employees and which are governed by federal laws, fall outside the limited scope of bargaining defined in this chapter. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)
33 V.S.A. § 3615
2021 Vermont Statutes|Title 33 - Human Services|Chapter 36 - Early Care and Education Providers Labor Relations Act|§ 3615. Rules

§ 3615. Rules|The Board shall make and may amend, rescind, and adopt such rules consistent with this chapter as may be necessary to carry out the provisions of this chapter. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014; amended 2021, No. 20, § 325.)
33 V.S.A. § 3616
2021 Vermont Statutes|Title 33 - Human Services|Chapter 36 - Early Care and Education Providers Labor Relations Act|§ 3616. Appeal

§ 3616. 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. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)
33 V.S.A. § 3617
2021 Vermont Statutes|Title 33 - Human Services|Chapter 36 - Early Care and Education Providers Labor Relations Act|§ 3617. Enforcement

§ 3617. 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. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)
33 V.S.A. § 3618
2021 Vermont Statutes|Title 33 - Human Services|Chapter 36 - Early Care and Education Providers Labor Relations Act|§ 3618. Automatic membership dues deduction

§ 3618. Automatic membership dues deduction|Early care and education 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 early care and education 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 subsidies paid to the early care and education provider 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 subsidies are paid to the early care and education provider. 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.), § 9, eff. Jan. 1, 2021.)
33 V.S.A. § 3619
2021 Vermont Statutes|Title 33 - Human Services|Chapter 36 - Early Care and Education Providers Labor Relations Act|§ 3619. Annual list of early care and education providers in bargaining unit

§ 3619. Annual list of early care and education providers in bargaining unit|(a) Annually, or on a more frequent basis if mutually agreed to by the State and the exclusive representative, the State shall provide the exclusive representative with a list of all providers in that bargaining unit.(b) The list shall include, as appropriate, each early care and education provider's name, work location, job classification, and contact information. As used in this section, "contact information" includes a provider's home address, personal e-mail address, and home and personal cellular telephone numbers to the extent that the State is in possession of such information.(c) To the extent possible, the list shall be in alphabetical order by last name and provided in electronic format.(d) The list shall be kept confidential by the State and the exclusive representative and shall be exempt from copying and inspection under the Public Records Act. (Added 2019, No. 180 (Adj. Sess.), § 19, eff. Jan. 1, 2021.)
33 V.S.A. § 3701
2021 Vermont Statutes|Title 33 - Human Services|Chapter 37 - Parent-Child Center Program|§ 3701. Parent-child center program; eligibility

§ 3701. Parent-child center program; eligibility|(a) For purposes of this chapter, "parent-child center" means a community-based organization established for the purpose of providing prevention and early intervention services such as parenting education, support, training, referral and related services to prospective parents and families with young children including those whose children are medically, socially, or educationally at risk.(b) The Secretary of Human Services shall:  (1) upon applications made annually, award grants to eligible parent-child centers; and (2) establish, by rule, a formula for determining the amount of grants awarded under this chapter and minimum eligibility standards for such awards.   (c) In order to be eligible for a grant under this chapter, a parent-child center shall:  (1) Receive some funding from one or more private, local, or federal source. Contributions in kind, whether material, commodities, transportation, or office space, may be used to satisfy the contribution requirement of this subdivision. (2) Qualify for tax exempt status under the provisions of Section 501(c) of the Internal Revenue Code. (3) Have parent representation on its board of directors. (4) Represent a designated geographic catchment area.   (d) A parent-child center funded under this chapter shall:  (1) provide leadership in the coordination of services for families with other community service providers; (2) provide such financial or programmatic information as may be necessary to enable the Secretary of Human Services to evaluate the services provided through grant funds, the effect of such services on consumers of these services, and an accounting of the expenditure of grant funds; and (3) participate in an annual peer review process conducted by the parent-child center network and the Agency of Human Services. (Added 1989, No. 269 (Adj. Sess.), § 2; amended 2021, No. 20, § 326.)
33 V.S.A. § 3901
2021 Vermont Statutes|Title 33 - Human Services|Chapter 39 - Enforcement of Support|§ 3901. Definitions

§ 3901. Definitions|As used in this chapter:  (1) "Order of support" means any judgment or order for the support of dependent children issued by any Court of the State of Vermont or another state or an order under an administrative proceeding of another state, including an order in a final decree of divorce. (2) "Custodial parent" means any person with whom a dependent child actually resides, whether or not the parent is receiving public assistance benefits under chapter 11 of this title, or the Commissioner for Children and Families if the dependent child is under the care and control of that Department. (3) "Department" means the Vermont Department for Children and Families. (4) "Dependent child" means any child receiving assistance under chapter 11 of this title or any minor child for whose benefit the Office of Child Support has been authorized and requested to collect support. (5) "Court" means the Family Division of the Superior Court. (6) "Public assistance" means money payments furnished to or on behalf of dependent children by the Department. (7) "Responsible parent" means the natural or adoptive parent or stepparent, to the extent the stepparent owes a duty of support under 15 V.S.A. § 296, of a dependent child. (Added 1977, No. 212 (Adj. Sess.), § 2; amended 1985, No. 63, § 16; 1989, No. 221 (Adj. Sess.), § 16, eff. Oct. 1, 1990; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 114; 2009, No. 154 (Adj. Sess.), § 238.)
33 V.S.A. § 3902
2021 Vermont Statutes|Title 33 - Human Services|Chapter 39 - Enforcement of Support|§ 3902. Assignment of support rights by public assistance recipients; proceedings to establish support obligation

§ 3902. Assignment of support rights by public assistance recipients; proceedings to establish support obligation|(a) As a condition of eligibility for public assistance, each applicant or recipient shall assign to the Department any right to support from a responsible parent which has accrued at the time of the assignment and which the applicant may have in the applicant's own behalf or on behalf of any other family member for whom the applicant is applying or receiving assistance.(b) An assignment in effect under this section shall be subject to the provisions of section 4106 of this title.(c) Whenever a support obligation is in effect against a responsible parent for the benefit of a dependent child or a custodial parent, payments required under the support obligation shall be sent to the Office of Child Support upon notice to the responsible parent, without further order of the court. When an assignment is in effect pursuant to subsection (a) of this section, any amounts accrued under the support obligation as of the date of assignment, and any amount accruing while the assignment is in effect, shall be owing to and payable to the Department for Children and Families without further order of the court.(d) An order of the Court shall be effective on behalf of the assignee while any assignment is in effect, and on behalf of the dependent child and the custodial parent at all other times. The Office of Child Support shall, unless otherwise requested by the parent, act as agent for the parent and child to collect any amounts due from the responsible parent pursuant to the order after the assignment terminates and may, if required by the Social Security Act, deduct any costs incurred in collection.(e) If a support order has been entered and the legal custodian and obligee relinquishes physical responsibility of the child to a caretaker without modifying the physical rights and responsibilities order, the Office of Child Support may change the payee of support upon the caretaker's receipt of Reach Up family assistance from the Department for Children and Families. The obligor's obligation under the support order to pay child support and medical support continues but shall be payable to the Office of Child Support upon the caretaker's receipt of Reach Up family assistance and shall continue so long as the assignment is in effect. The Office of Child Support shall notify the obligor and obligee under the support order, by first class mail at last known address, of the change of payee. (Added 1977, No. 212 (Adj. Sess.), § 2; amended 1985, No. 63 § 17; 1989, No. 221 (Adj. Sess.), § 17, eff. Oct. 1, 1990; 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 159 (Adj. Sess.), § 10; 2005, No. 174 (Adj. Sess.), § 115; 2007, No. 185 (Adj. Sess.), § 8, eff. Jan. 1, 2009; 2021, No. 20, § 327.)