reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 3 - Executive › Chapter 25 - Administrative Procedure › § 848. Rules repeal; amendment of authority; notice by agency

§ 848. Rules repeal; amendment of authority; notice by agency
(a) Repeal by operation of law. A rule shall be repealed without formal proceedings under this chapter if:
(1) the agency that adopted the rule is abolished and its authority, specifically including its authority to implement its existing rules, has not been transferred to another agency;
(2) a court of competent jurisdiction has declared the rule to be invalid; or
(3) the statutory authority for the rule, as stated by the agency under subdivision 838(a)(10) of this title, is repealed by the General Assembly or declared invalid by a court of competent jurisdiction.
(b) Notice to Secretary of State; deletion. When a rule is repealed by operation of law under this section, the agency that adopted the rule shall notify the Secretary of State in such manner as the Secretary may prescribe by rule or procedure, and the Secretary shall delete the rule from the published code of administrative rules.
(c) Repeal for nonpublication.
(1) On July 1, 2018, a rule shall be repealed without formal proceedings under this chapter if:
(A) as of July 1, 2016, the rule was in effect but not published in the code of administrative rules; and
(B) the rule is not published in such code before July 1, 2018.
(2) An agency seeking to publish a rule described in subdivision (1) of this subsection may submit a digital copy of the rule to the Secretary of State with proof acceptable to the Secretary that as of July 1, 2016 the rule was adopted and in effect under this chapter and the digital copy consists of the text of such rule without change.
(d) Amendment of authority for rule.
(1) If the statutory authority for a rule, as stated by the agency under subdivision 838(a)(10) of this title, is amended by the General Assembly, and the amendment does not transfer authority from the adopting agency to another agency, the agency within 30 days following the effective date of the statutory amendment shall review the rule and make a written determination as to whether the statutory amendment repeals the authority upon which the rule is based or requires revision of the rule and shall submit a copy of this written determination to the Secretary of State and the Legislative Committee on Administrative Rules, in such manner as the Secretary may prescribe by rule or procedure.
(2) If the statutory authority for a rule, as stated by the agency under subdivision 838(a)(10) of this title, is transferred by act of the General Assembly to another agency, the agency to which the authority is transferred shall provide notice of the transfer, in such manner as the Secretary of State may prescribe by rule or procedure, within 30 days following the effective date of the statutory amendment, to the Secretary and the Legislative Committee on Administrative Rules. (Added 1983, No. 202 (Adj. Sess.), § 2, eff. April 26, 1984; amended 2015, No. 169 (Adj. Sess.), § 12; 2017, No. 156 (Adj. Sess.), § 2; 2019, No. 14, § 4, eff. April 30, 2019.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 901. Purpose

§ 901. Purpose
It is the purpose and policy of this chapter to prescribe the legitimate rights of both State employees and the State of Vermont and of Vermont State Colleges and the University of Vermont in their relations with each other, to provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other, to protect the rights of individual employees in their relations with labor organizations, to define and proscribe practices on the part of labor, the State of Vermont, the Vermont State Colleges, and the University of Vermont which are harmful to the general welfare, and to protect the rights of the public in connection with labor disputes. (Added 1969, No. 113, § 1; amended 1987, No. 177 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 903. Employees’ rights and duties; prohibited acts

§ 903. Employees’ rights and duties; prohibited acts
(a) Employees shall have the right to self-organization; to form, join, or assist employee organizations; to bargain collectively through representatives of their own choice, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities, except as provided in subsections (b) and (c) of this section, and to appeal grievances as provided in this chapter.
(b) A State employee may not strike or recognize a picket line of an employee or labor organization while in the performance of his or her official duties.
(c) An employee who exercises the right not to join the employee organization representing the employee’s collective bargaining unit shall pay the collective bargaining service fee to the representative of the bargaining unit in the same manner as employees who pay membership fees to the representative. The employee organization shall indemnify and hold the employer harmless from any and all claims stemming from the implementation or administration of the collective bargaining service fee. Nothing in this section shall require an employer to discharge an employee who does not pay the collective bargaining service fee.
(d) All employers, their officers, agents, and employees or representatives shall exert every reasonable effort to make and maintain agreements concerning matters allowable under section 904 of this title and to settle all disputes, whether arising out of the application of those agreements or growing out of any dispute between the employer and the employees thereof.
(e) Employees who are members of the employee organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from an employee, the employer shall, as soon as practicable and in any event, not later than 30 calendar days after receiving the authorization, commence withholding from the employee’s wages the amount of membership dues certified by the employee organization. The employer shall transmit the amount withheld to the employee organization on the same day as the employee is paid. Nothing in this subsection shall be construed to require a member of an employee organization to participate in automatic dues deduction. (Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 6; 1993, No. 227 (Adj. Sess.), § 28; 2013, No. 37, § 2; 2019, No. 180 (Adj. Sess.), § 4, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 904. Subjects for bargaining

§ 904. Subjects for bargaining
(a) All matters relating to the relationship between the employer and employees shall be the subject of collective bargaining except those matters that are prescribed or controlled by statute. The matters appropriate for collective bargaining to the extent they are not prescribed or controlled by statute include:
(1) wages, salaries, benefits, and reimbursement practices relating to necessary expenses and the limits of reimbursable expenses;
(2) minimum hours per week;
(3) working conditions;
(4) overtime compensation and related matters;
(5) leave compensation and related matters;
(6) reduction-in-force procedures;
(7) grievance procedures, including whether an appeal to the Vermont Labor Relations Board or binding arbitration, or both, will constitute the final step in a grievance procedure;
(8) terms of coverage and amount of employee financial participation in insurance programs, except that the Department of State’s Attorneys and Sheriffs and the deputy State’s Attorneys, other employees of the State’s Attorneys’ offices, and deputy sheriffs paid by the State pursuant to 24 V.S.A. § 290(b) shall not bargain in relation to terms of coverage and the amount of employee financial participation in insurance programs;
(9) rules for personnel administration, except the following: rules relating to persons exempt from the classified service under section 311 of this title and rules relating to applicants for employment in State service and employees in an initial probationary status, including any extension or extensions thereof, provided the rules are not discriminatory by reason of an applicant’s race, color, creed, sex, national origin, sexual orientation, gender identity, ancestry, place of birth, age, or physical or mental condition; and
(10) the manner in which to enforce an employee’s obligation to pay the collective bargaining service fee.
(b) This chapter shall not be construed to be in derogation of or contravene the spirit and intent of the merit system principles and the personnel laws. (Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 7, eff. April 3, 1972; 1977, No. 109, § 5; 1993, No. 227 (Adj. Sess.), § 29; 2013, No. 37, § 3; 2015, No. 35, § 2, eff. May 26, 2015; 2017, No. 81, § 4, eff. June 15, 2017; 2021, No. 125 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 905. Management rights

§ 905. Management rights
(a) The Governor or designee for the State of Vermont, the Chancellor or designee for the Vermont State Colleges, the President or designee for the University of Vermont, and the Executive Director or designee for the Department of State’s Attorneys and Sheriffs shall act as the employer representatives in collective bargaining negotiations and administration. The representative shall be responsible for ensuring consistency in the terms and conditions in various agreements throughout the State service and ensuring compatibility with merit system statutes and principles and shall not agree to any terms or conditions for which there are not adequate funds available.
(b) Subject to 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 employer to:
(1) carry out the statutory mandate and goals of the agency, or of the Colleges, 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 in an emergency situation. (Added 1969, No. 113, § 1; amended 1987, No. 177 (Adj. Sess.), § 3; 2017, No. 81, § 5, eff. June 15, 2017.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 906. Designation of managerial, supervisory, and confidential employees

§ 906. Designation of managerial, supervisory, and confidential employees
(a) The Commissioner of Human Resources shall determine those positions in the classified service whose incumbents the Commissioner believes should be designated as managerial, supervisory, or confidential employees. Any disputes arising from the determination shall be finally resolved by the Board.
(b)(1) The Executive Director of the Department of State’s Attorneys and Sheriffs may determine positions in the State’s Attorneys’ offices whose incumbents the Executive Director believes should be designated as managerial, supervisory, or confidential employees. Any disputes arising from the determination shall be finally resolved by the Board.
(2) The Executive Director of the Department of State’s Attorneys and Sheriffs may designate as a confidential employee not more than one deputy sheriff paid by the State pursuant to 24 V.S.A. § 290(b) who is assigned to the Department of State’s Attorneys and Sheriffs’ central office to serve as the coordinator for the other State-paid deputies. (Added 1971, No. 193 (Adj. Sess.), § 18, eff. April 3, 1972; amended 1977, No. 109, § 5a, eff. July 3, 1977; 2003, No. 156 (Adj. Sess.), § 15; 2017, No. 81, § 6, eff. June 15, 2017; 2021, No. 125 (Adj. Sess.), § 2, eff. July 1, 2022.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 907. Designation of supervisory employees

§ 907. Designation of supervisory employees
Classified employees in the management unit certified by the Board, who are determined to be supervisory employees as defined by section 902 of this title and who are not determined to be managerial or confidential employees as defined by section 902 of this title, shall remain members of that unit, which shall hereinafter be referred to as the “supervisory” unit. Employees who are determined to be supervisory employees under the provisions of section 906 of this title shall become members of the supervisory unit. A representative election shall not be required as a result of this change. (Added 1971, No. 193 (Adj. Sess.), § 19, eff. April 3, 1972; amended 1977, No. 109, § 5b, eff. July 3, 1977.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 908. Designation of State’s Attorneys’ employees; statewide bargaining rights

§ 908. Designation of State’s Attorneys’ employees; statewide bargaining rights
Employees of the State’s Attorneys’ offices shall be part of one or more statewide bargaining units, as determined to be appropriate by the Board pursuant to sections 927 and 941 of this title, for the purpose of bargaining collectively pursuant to this chapter. (Added 2017, No. 81, § 7, eff. June 15, 2017.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 909. Access to new employees in bargaining unit

§ 909. Access to new employees in bargaining unit
(a) An employer shall provide the employee organization that is the exclusive representative of the employees in a bargaining unit with an opportunity to meet with each newly hired employee in the bargaining unit to present information about the employee organization.
(b)(1) The meeting shall occur during the new employee’s orientation or, if the employer does not conduct an orientation for newly hired employees, within 30 calendar days from the date on which the employee was hired.
(2) If the meeting is not held during the new employee’s orientation, it shall be held during the new employee’s regular work hours and at his or her regular worksite or a location mutually agreed to by the employer and the employee organization.
(3) The employee organization shall be permitted to meet with the employee for not less than 60 minutes.
(4) The employee shall be paid for attending the meeting at his or her regular rate of pay.
(c)(1) Within 10 calendar days after hiring a new employee in a bargaining unit, the employer shall provide the employee organization with his or her name, job title, worksite location, work telephone number and e-mail address, home address, personal e-mail address, home and personal cellular telephone numbers, and date of hire to the extent that the employer is in possession of such information.
(2) The employee’s home address, personal e-mail address, and home and personal cellular telephone numbers shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act.
(d) The employer shall provide the employee organization with not less than 10 calendar days’ notice of an orientation for newly hired employees in a bargaining unit. (Added 2019, No. 180 (Adj. Sess.), § 10, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 910. Annual list of employees in bargaining unit

§ 910. Annual list of employees in bargaining unit
(a) Annually, or on a more frequent basis if mutually agreed to by the employer and the employee organization, the employer shall provide the employee organization that is the exclusive representative of a bargaining unit with a list of all employees in that bargaining unit.
(b) The list shall include, as appropriate, each employee’s name, work location, job classification, and contact information. As used in this section, “contact information” includes an employee’s home address, personal e-mail address, and home and personal cellular telephone numbers to the extent that the employer 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 employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act. (Added 2019, No. 180 (Adj. Sess.), § 14, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 911. Designation of deputy sheriffs paid by State; statewide bargaining rights

§ 911. Designation of deputy sheriffs paid by State; statewide bargaining rights
(a) Deputy sheriffs paid by the State pursuant to 24 V.S.A. § 290(b) shall be part of a single, separate statewide bargaining unit, as determined to be appropriate by the Board pursuant to section 941 of this title, for the purpose of bargaining collectively pursuant to this chapter.
(b) The bargaining unit created pursuant to this section shall be referred to as the State-Paid Deputy Sheriffs Unit. (Added 2021, No. 125 (Adj. Sess.), § 3, eff. July 1, 2022.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 922. Office space; employees

§ 922. Office space; employees
(a) The Secretary of Administration shall, upon request by the State Labor Relations Board, allow the Board the responsible use of public buildings under his or her control and furnish heat, light and furniture for any meeting or hearing called by the Board.
(b) The Board may employ such employees and agents as it deems necessary, and may employ a reporter for taking and transcribing testimony in hearing before it. (Added 1969, No. 113, § 1; amended 1975, No. 152 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 924. Powers and duties

§ 924. Powers and duties
(a) [Repealed.]
(b) In all proceedings under this chapter, no evidence shall be admitted or considered that relates to conduct or statements made in compromise negotiations, including mediation, unless otherwise agreed to by the parties. This subsection does not require exclusion of evidence otherwise obtainable from independent sources because it was presented in the course of compromise negotiations nor does it require exclusion of evidence offered for another purpose, such as proving bias or prejudice of a witness, negating a contention of undue delay, or proving an effort to obstruct an investigation.
(c) Until a transcript of the record in a case is filed in a court under this chapter, the Board at any time upon reasonable notice and in such manner as it considers proper may modify or set aside wholly or partially a finding made or order issued by it.
(d) The Board may appoint a mediator to assist in resolving differences.
(e) In addition to its responsibilities under this chapter, the Board shall carry out the responsibilities given to it under 21 V.S.A. chapters 19 and 22 and chapter 28 of this title and when so doing shall exercise the powers and follow the procedures set out in that chapter.
(f) The Board may cooperate with other agencies, either of the United States or of another state, in all matters concerning the powers and duties of the Board under this chapter and particularly in relation to agreements providing for the ceding to the Board by the National Labor Relations Board of jurisdiction over cases in any industry predominantly local in character. (Added 1969, No. 113, § 1; amended 1975, No. 152 (Adj. Sess.), § 4; 1997, No. 92 (Adj. Sess.), § 3; 2005, No. 194 (Adj. Sess.), § 1; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 927. Appropriate unit

§ 927. Appropriate unit
(a) The Board shall decide the unit appropriate for the purpose of collective bargaining in each case and those employees to be included therein, in order to assure the employees the fullest freedom in exercising the rights guaranteed by this chapter.
(b) In determining whether a unit is appropriate under subsection (a) of this section, the extent to which the employees have organized is not controlling.
(c) The Board may decline recognition to any group of employees as a collective bargaining unit if, upon investigation and hearing, it is satisfied that the employees will not constitute an appropriate unit for purposes of collective bargaining or if recognition will result in over-fragmentation of state employee collective bargaining units. In case such a determination is made, the provisions of subchapter 3 of this chapter shall not become operative in that instance. (Added 1969, No. 113, § 1.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 928. Rules

§ 928. Rules
(a) The Board, as necessary to carry out the provisions of this chapter, shall adopt and may amend and rescind rules consistent with this chapter.
(b) Notwithstanding the provisions of subsection (a) of this section, rules adopted by the Board as they relate to grievance appeals shall provide:
(1) If a collective bargaining agreement provides that an appeal to the Board will constitute the final step in the grievance procedure, all employees and other persons authorized by this chapter shall have the right to appeal to the Board in accordance with the rules of the Board.
(2) That a reasonable notice be given to the State agency or officer, and State employee, and the representative concerned and to the Commissioner of Human Resources.
(3) That all hearings of the Board shall be public and, unless both parties concerned request that it be formal, hearings shall be informal and not subject to the rules of pleadings, procedure, and evidence of the courts of the State.
(4) That all parties in interest to any appeal shall be entitled to be heard on any matter at issue.
(5) That in appeals from the decisions of the Department of Human Resources or any State agency or officer, the State agency and officer and the State employee shall be parties in interest, and the Commissioner of Human Resources or the collective bargaining representative on motion, may intervene as a party in interest.
(6) That the parties at interest shall have the right to present witnesses, give evidence, and examine witnesses before the Board.
(7)(A)(i) That the name of any grievant whom the Board exonerates of misconduct for which he or she was disciplined shall be redacted from the version of the Board’s decision that is posted on the Board’s website.
(ii) Nothing in this subdivision (7)(A) shall be construed to require the Board to redact the name of the grievant from any other version of the Board’s decision or from any other documents related to the grievance.
(B) Nothing in this subdivision (7) shall be construed to modify an individual’s right to privacy pursuant to any law, rule, or policy. (Added 1969, No. 113, § 1; amended 1977, No. 109, § 8, eff. July 3, 1977; 1987, No. 243 (Adj. Sess.), § 9, eff. June 13, 1988; 2003, No. 156 (Adj. Sess.), § 15; 2015, No. 35, § 3, eff. May 26, 2015; 2015, No. 101 (Adj. Sess.), § 1; 2017, No. 74, § 3.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 942. Election conduct

§ 942. 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 and conduct hearings into the validity of 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 under the provisions of this subchapter. No election shall be set aside unless the Board finds such coercion or restraint. (Added 1969, No. 113, § 1.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 961. Employers

§ 961. Employers
It shall be an unfair labor practice for an employer:
(1) to interfere with, restrain, or coerce employees in the exercise of their rights guaranteed by section 903 of this title, or by any other law, rule, or regulation;
(2) to dominate or interfere with the formation or administration of any employee organization or contribute financial or other support to it; provided that an employer shall not be prohibited from permitting employees to confer with the employer during working hours without loss of time or pay;
(3) by discrimination in regard to hire and tenure of employment or any term or condition of employment to encourage or discourage membership in any employee organization;
(4) to discharge or otherwise discriminate against an employee because the employee has filed charges or complaints or given testimony under this chapter;
(5) to refuse to bargain collectively with representatives of the employees subject to the provisions of subchapter 3 of this chapter;
(6) to discriminate against an employee on account of race, color, creed, religion, age, disability, sex, sexual orientation, gender identity, or national origin;
(7) to request or require an applicant, prospective employee or employee to have an HIV-related blood test as a condition of employment;
(8) to discriminate against an applicant, prospective employee or employee on the basis of a person’s having a positive test result from an HIV-related blood test. (Added 1969, No. 113, § 1; amended 1987, No. 176 (Adj. Sess.), § 3; 1991, No. 135 (Adj. Sess.), § 2; 1999, No. 19, § 1; 2007, No. 41, § 2.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 963. Membership; employees’ rights

§ 963. Membership; employees’ rights
An employee organization entering into an agreement shall not:
(1) discriminate against a person seeking or holding membership therein on account of race, color, creed, religion, age, disability, sex, sexual orientation, gender identity, or national origin;
(2) penalize a member for exercising a right guaranteed by the Constitution or laws of the United States or the State of Vermont;
(3) cause or attempt to cause the discharge from employment of employees who refuse membership therein because of religious beliefs. (Added 1969, No. 113, § 1; amended 1991 No. 135 (Adj. Sess.), § 3; 1999, No. 19, § 2; 2007, No. 41, § 3.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 964. Business and products of other employers

§ 964. Business and products of other employers
It shall be an unfair labor practice for any employee organization and any employer to enter into any contract or agreement, express or implied, whereby the employer ceases or refrains or agrees to cease or refrain from handling, using, selling, transporting, or otherwise dealing in any of the products of any other person, or to cease doing business with any other person, and any contract or agreement entered into before or after enactment of this chapter containing such an agreement shall be to that extent unenforceable and void. (Added 1969, No. 113, § 1.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 966. Freedom of expression

§ 966. Freedom of expression
The expressing of any views, argument or opinion, or the dissemination thereof, whether in written, printed, graphic, oral or visual form, shall not constitute or be evidence of an unfair labor practice under this chapter, if such expression contains no threat of reprisal or force or promise of benefit. (Added 1969, No. 113, § 1.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 971. Intent of subchapter

§ 971. Intent of subchapter
A State employee, as a trustee and servant of the people, shall be free to report, in good faith and with candor, waste, fraud, abuse of authority, violations of law, or a threat to the health of employees, the public, or persons under the care of the State without fear of reprisal, intimidation, or retaliation. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 972. Definitions

§ 972. Definitions
As used in this subchapter:
(1) “Department head” means a secretary of an agency, commissioner of a department, director of an office, or any other appointing authority in charge of an agency of State government.
(2) “Illegal order” means a directive to violate, or to assist in violating, a federal, State, or local law.
(3) “Public body” means:
(A) a department head or employee specifically designated or assigned to receive a complaint that constitutes protected activity under this chapter;
(B) a board or commission of State government;
(C) the Vermont State Auditor;
(D) a State or federal agency that oversees the activities of a State agency;
(E) a law enforcement officer as defined in 20 V.S.A. § 2358(d)(1);
(F) a federal or State court, grand jury, petit jury, law enforcement agency, or prosecutorial office;
(G) the General Assembly or the U.S. Congress; or
(H) an officer or employee of an entity listed in this subdivision (3) when acting within the scope of his or her duties.
(4) “Retaliatory action” includes any adverse performance or disciplinary action, including discharge, suspension, reprimand, demotion, denial of promotion, imposition of a performance warning period, or involuntary transfer or reassignment that is given in retaliation for the State employee’s involvement in a protected activity, as set forth in section 973 of this title.
(5) “State employee” means an individual employed on a permanent or limited status basis by the State of Vermont. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008; amended 2013, No. 141 (Adj. Sess.), § 13, eff. July 1, 2015.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 973. Protected activity

§ 973. Protected activity
(a) A State agency, department, appointing authority, official, or employee shall not engage in retaliatory action against a State employee because the State employee refuses to comply with an illegal order or engages in any of the following:
(1) Providing to a public body a good faith report or good faith testimony that alleges an entity of State government, a State employee or official, or a person providing services to the State under contract has engaged in a violation of law or in waste, fraud, abuse of authority, or a threat to the health of employees, the public, or persons under the care of the State.
(2) Assisting or participating in a proceeding to enforce the provisions of this subchapter.
(b) No State agency, department, appointing authority, official, or employee shall attempt to restrict or interfere with, in any manner, a State employee’s ability to engage in any of the protected activity described in subsection (a) of this section.
(c) No State agency, department, appointing authority, or manager shall require any State employee to discuss or disclose his or her testimony, or intended testimony, prior to an employee’s appearance to testify before the general assembly if he or she is not testifying on behalf of an entity of State government.
(d) No employee may divulge information that is confidential under State or federal law. An act by which an employee divulges such information shall not be considered protected activity under this section.
(e) In order to establish a claim of retaliation based upon the refusal to follow an illegal order, the employee shall assert at the time of the refusal his or her good faith and reasonable belief that the order is illegal. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 974. Communication with General Assembly

§ 974. Communication with General Assembly
(a) No entity of State government may prohibit a State employee from engaging in discussion with a member of the General Assembly or from testifying before a legislative committee; provided, however, that an employee may not divulge confidential information, and an employee shall be clear that he or she is not speaking on behalf of an entity of State government.
(b) No State employee shall be subject to discipline, discharge, discrimination, or other adverse employment action as a result of the employee providing information to a legislator or legislative committee; provided, however, that the employee does not divulge confidential information, and that the employee is clear that he or she is not speaking on behalf of any entity of State government. The protections set forth in this subchapter shall not apply to statements that constitute hate speech or threats of violence against a person.
(c) In the event that an appearance before a Committee of the General Assembly will cause an employee to miss work, he or she shall request to be absent from work and shall provide as much notice as is reasonably possible. The request shall be granted unless there is good cause to deny the request. If a request is denied, the decision and reasons for the denial shall be in writing and shall be provided to the employee in advance of the scheduled appearance. The protections set forth in this section are subject to the efficient operation of State government, which shall prevail in any instance of conflict. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 975. Enforcement and preemption

§ 975. Enforcement and preemption
(a) Nothing in this subchapter shall be deemed to diminish the rights, privileges, or remedies of a State employee under other federal or State law or under any collective bargaining agreement or employment contract, except the limitation on multiple actions as set forth in this section.
(b) A State employee who files a claim of retaliation for protected activity with the Vermont Labor Relations Board or through binding arbitration under a grievance procedure or similar process available to the employee may not bring such a claim in Superior Court.
(c) A State employee who files a claim under this subchapter in Superior Court may not bring a claim of retaliation for protected activity under a grievance procedure or similar process available to the employee. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008; amended 2015, No. 35, § 5, eff. May 26, 2015.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 976. Remedies

§ 976. Remedies
A State employee who brings a claim in Superior Court may be awarded the following remedies:
(1) reinstatement of the employee to the same position, seniority, and work location held prior to the retaliatory action;
(2) back pay, lost wages, benefits, and other remuneration;
(3) in the event of a showing of a willful, intentional, and egregious violation of this subchapter, an amount up to the amount of back pay in addition to the actual back pay;
(4) other compensatory damages;
(5) interest on back pay;
(6) appropriate injunctive relief; and
(7) reasonable costs and attorney’s fees. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 977. Posting

§ 977. Posting
Every State agency and department shall distribute a copy of this law by August 1, 2008, and shall post and display notices of State employee protection under this subchapter in a prominent and accessible location in the workplace. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 978. Limitations of actions

§ 978. Limitations of actions
An action alleging a violation of this subchapter brought under a grievance procedure or similar process shall be brought within the period allowed by that process or procedure. An action brought in Superior Court shall be brought within 180 days of the date of the alleged retaliatory action. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 981. Good faith; failure to agree

§ 981. Good faith; failure to agree
For the purpose of this chapter to bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to all matters bargainable under the provisions of this chapter; but the failure or refusal of either party to agree to a proposal, or to change or withdraw a lawful proposal, or to make a concession shall not constitute, or be evidence direct or indirect, of a breach of this obligation. (Added 1969, No. 113, § 1.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 1001. Grievances; applicants and excluded personnel

§ 1001. Grievances; applicants and excluded personnel
(a) Persons who are applicants for State employment in the classified service and classified employees in their initial probationary period and any extension or extensions thereof may appeal to the State Labor Relations Board if they believe themselves discriminated against on account of their race, color, creed, religion, disability, sex, sexual orientation, gender identity, age, or national origin.
(b) Permanent classified employees excluded from bargaining units shall be deemed to have the right of appeal in the same manner and to the same extent as those employees represented by a bargaining representative except that they may not be represented by a bargaining representative.
(c) Any dispute concerning the amount of a collective bargaining service fee may be grieved as set forth in the collective bargaining agreement through either an appeal to the Vermont Labor Relations Board in accordance with the Board’s rules concerning grievances, or through binding arbitration. (Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 13, eff. April 3, 1972; 1991, No. 135 (Adj. Sess.), § 4; 1993, No. 227 (Adj. Sess.), § 32; 1999, No. 19, § 3; 2007, No. 41, § 4; 2015, No. 35, § 6, eff. May 26, 2015.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 1002. Enforcement

§ 1002. Enforcement
(a) Orders of the Board or an arbitrator issued under this chapter may be enforced by any party or by the Board by filing a petition with the Superior Court in Washington County or 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 or arbitrator 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 or arbitrator’s 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 or that an arbitrator’s order was affirmed on appeal in pertinent part by the Superior Court, the Court shall incorporate the order of the Board or arbitrator as a judgment of the Court. There is no appeal from that judgment except that a judgment reversing a decision by the Board or an arbitrator 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. Any number of employees who are aggrieved by the same action of the employer may join in an appeal with the consent of the Board. The Board shall not modify, add to, or detract from a collective bargaining agreement or the merit system principles by any order or decision. (Added 1969, No. 113, § 1; amended 1971, No. 185 (Adj. Sess.), § 3, eff. March 29, 1972; 1971, No. 193 (Adj. Sess.), § 14, eff. April 3, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1987, No. 196 (Adj. Sess.), § 1, eff. May 13, 1988; 1989, No. 25, § 1; 2015, No. 35, § 7, eff. May 26, 2015.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 1003. Judicial review; stay pending appeal

§ 1003. Judicial review; stay pending 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 1969, No. 113, § 1; amended 1971, No. 185 (Adj. Sess.), § 4, eff. March 29, 1972; 1971, No. 193 (Adj. Sess.), § 15, eff. April 3, 1972; 1987, No. 196 (Adj. Sess.), § 2, eff. May 13, 1988.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 1004. State Police

§ 1004. State Police
The provisions of this chapter shall apply to the State Police in the Department of Public Safety except for matters of discipline, disciplinary action, transfer, or suspension and those items specifically covered by statute. (Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 16, eff. April 3, 1972; 1977, No. 109, § 13, eff. July 3, 1977.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 1007. Separability

§ 1007. Separability
If any provision of this chapter, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of this chapter, or the application of that provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (Added 1969, No. 113, § 1.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 27 - State Employees Labor Relations Act › § 1008. Contract ratification; annual vote

§ 1008. 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, § 5a.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1010. Purpose

§ 1010. Purpose
It is the purpose and policy of this chapter to recognize the right of employees of the Judiciary Department to join a labor organization of their own choosing and to be represented by that organization in collective bargaining for terms and conditions of their employment. (Added 1997, No. 92 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1012. Employees’ rights and duties; prohibited acts

§ 1012. Employees’ rights and duties; prohibited acts
(a) Employees shall have the right to self-organization; to form, join, or assist employee organizations; to bargain collectively through their chosen representatives; to engage in concerted activities of collective bargaining or other mutual aid or protection; to refrain from any or all those activities, except as provided in subsections (b) and (c) of this section; and to appeal grievances as provided in this chapter.
(b) An employee may not strike or recognize a picket line of an employee organization while performing the employee’s official duties.
(c) An employee who exercises the right not to join the employee organization representing the employee’s certified unit pursuant to section 1021 of this title shall pay a collective bargaining service fee to the representative of the bargaining unit in the same manner as employees who pay membership fees to the representative. The employee organization shall indemnify and hold the employer harmless from any and all claims stemming from the implementation or administration of the collective bargaining service fee. Nothing in this section shall require an employer to discharge an employee who does not pay the collective bargaining service fee.
(d) The employer and employees and the employee’s representative shall exert every reasonable effort to make and maintain agreements concerning matters allowable under section 1013 of this title and to settle all disputes, whether arising out of the application of those agreements or growing out of any dispute between the employer and the employees.
(e) Employees who are members of the employee organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from an employee, the employer shall, as soon as practicable and in any event, not later than 30 calendar days after receiving the authorization, commence withholding from the employee’s wages the amount of membership dues certified by the employee organization. The employer shall transmit the amount withheld to the employee organization on the same day as the employee is paid. Nothing in this subsection shall be construed to require a member of an employee organization to participate in automatic dues deduction. (Added 1997, No. 92 (Adj. Sess.), § 9; amended 2013, No. 37, § 7; 2019, No. 180 (Adj. Sess.), § 5, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 28 - Judiciary Employees Labor Relations Act › § 1013. Subjects for bargaining

§ 1013. Subjects for bargaining
All matters relating to the relationship between the employer and employees are subject to collective bargaining, to the extent those matters are not prescribed or controlled by law, including:
(1) wages, salaries, benefits, and reimbursement practices relating to necessary expenses and the limits of reimbursable expenses;
(2) minimum hours per week;
(3) working conditions;
(4) overtime compensation and related matters;
(5) leave compensation and related matters;
(6) reduction-in-force procedures;
(7) grievance procedures;
(8) terms of coverage and amount of employee financial participation in insurance programs;
(9) rules for personnel administration of employees provided the rules are not discriminatory in regard to an applicant’s race, color, creed, sex, sexual orientation, gender identity, age, national origin, religion, or disability;
(10) the manner in which to enforce an employee’s obligation to pay the collective bargaining service fee. (Added 1997, No. 92 (Adj. Sess.), § 9; amended 2007, No. 41, § 5; 2013, No. 37, § 8.)