Binding Interest Arbitration

V.S.A. tit. 16, ch. 57, subch. 4

in effect

16 V.S.A. § 2021 Negotiated binding interest arbitration

2021. Negotiated binding interest arbitration (a) Arbitration shall only occur if the recognized organization and one or more of the school boards agree in writing to submit to binding arbitration for one or more issues remaining in dispute. An agreement to accept binding interest arbitration may not be revoked and shall apply only to the parties to the arbitration. (b) The parties may mutually agree to accept binding interest arbitration at any time after impasse is reached. If the parties have neither accepted all recommendations of a fact-finder nor reached an independent agreement on all issues in dispute, either the school board or the recognized organization may request binding interest arbitration by written notice to the other party. The parties shall mutually agree on one of the following limitations on the jurisdiction of the arbitrator: (1) Arbitration under which the award is confined to a choice between one of the following single packages: (A) The last best offer of the school board. (B) The last best offer of the recognized organization. (2) Arbitration under which the award is confined to a choice between one of the following on an issue-by-issue basis: (A) The last best offer of the school board. (B) The last best offer of the recognized organization. (c) A strike, which shall have the same meaning as provided in 21 V.S.A. § 1722(16), shall be prohibited if it occurs after both parties have voluntarily submitted a dispute to final and binding arbitration or after a decision or award has been issued by the arbitrator. A school board may petition for an injunction or other appropriate relief from the Superior Court in the county in which such strike in violation of this section is occurring or is about to occur. (d) If any provision of this subchapter is inconsistent with any other provision of law governing arbitration, this subchapter shall govern. Added 1991, No. 196 (Adj. Sess.), § 1; amended 2007, No. 82, § 38; 2019, No. 131 (Adj. Sess.), § 93.

16 V.S.A. § 2022 Selection and decision of arbitrator

2022. Selection and decision of arbitrator (a) When arbitration has been invoked in accordance with this subchapter, the parties shall within five days mutually select a single arbitrator and each party shall state its final offer on all disputed issues. If the parties fail to select an arbitrator within five days, they shall request the services of the American Arbitration Association for the appointment of an arbitrator. (b) Within 90 days after the appointment of the arbitrator or another period of time agreed upon by the parties, he or she shall hold a hearing and shall decide all disputed issues within his or her jurisdiction as defined by this chapter, and this award shall become an agreement of the parties. Added 1991, No. 196 (Adj. Sess.), § 1.

16 V.S.A. § 2023 Jurisdiction of arbitrator

2023. Jurisdiction of arbitrator (a) The parties may reach partial agreement on some issues or accept a fact-finder’s recommendations on some issues. The arbitrator shall have the power to determine all issues remaining in dispute involving wages, hours, and conditions of employment as defined by this chapter and any other mutually agreed upon matters not in conflict with law. (b) At any time prior to the issuance of a decision by the arbitrator, the parties may jointly file with the arbitrator any stipulations setting forth contract provisions that both parties agree to accept. The parties shall submit to the arbitrator their respective positions on all issues in dispute between them in the form of a last best offer. (c) The arbitrator shall resolve all remaining disputed issues in his or her jurisdiction in accordance with the agreement of the parties. The arbitrator shall incorporate in a written decision the resolution of each disputed issue and an explanation of how the total cost of all offers was considered. Added 1991, No. 196 (Adj. Sess.), § 1.

16 V.S.A. § 2024 Judicial appeal

2024. Judicial appeal Upon application of a party, a Superior Court shall vacate an award on the same grounds as set forth in 21 V.S.A. § 1733(d) and according to the same procedures as set forth in 21 V.S.A. § 1733(e). Added 1991, No. 196 (Adj. Sess.), § 1.

16 V.S.A. § 2025 Factors to be considered by arbitrator

2025. Factors to be considered by arbitrator (a) At the hearing, each party shall have full opportunity to submit all relevant evidence, to introduce relevant documents and written material, and to argue on behalf of its positions. At the hearing, both parties may present evidence regarding the financial capacity of the school district. The arbitrator shall preside over such hearing. (b) In reaching a decision, the arbitrator shall give weight to the factors listed in subsection (a) of this section, plus the following factors: (1) the lawful authority of the school board; (2) stipulations of the parties; (3) the interest and welfare of the public and the financial ability of the school board to pay for increased costs of public services, including the cost of labor; (4) comparisons of the wages, hours, and conditions of employment of the employees involved in the dispute with the wages, hours, and conditions of employment of other employees performing similar services in public schools in comparable communities or in private employment in comparable communities; (5) the average consumer prices for goods and services commonly known as the cost of living; (6) the overall compensation presently received by the employees, including direct wages, fringe benefits, and continuity conditions and stability of employment, and all other benefits received; and (7) prior negotiations and existing conditions of other school and municipal employees. Added 1991, No. 196 (Adj. Sess.), § 1.

16 V.S.A. § 2026 Notice of award

2026. Notice of award The arbitrator shall file one copy of the decision with each city or town clerk in the school district involved, the school board, and the recognized organization. The decision of the arbitrator shall be final and binding upon the parties to the dispute. Added 1991, No. 196 (Adj. Sess.), § 1.

16 V.S.A. § 2027 Fees and expenses

2027. Fees and expenses The parties shall share equally the fee of the arbitrator and all other mutually incurred costs incidental to the arbitration. Added 1991, No. 196 (Adj. Sess.), § 1.

16 V.S.A. § 2028 Contract ratification annual vote

2028. 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 who 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, § 13a.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/16/057Fetched: 10/21/2026