Negotiations

V.S.A. tit. 16, ch. 57, subch. 3

in effect

16 V.S.A. § 2001 Good faith

2001. Good faith The negotiations councils of the school board and of the recognized teachers’ or administrators’ organization shall meet together at reasonable times, upon request of either party, and shall negotiate in good faith on all matters properly before them under the provisions of this chapter. Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2007, No. 82, § 31.

16 V.S.A. § 2002 Access to materials and facilities

2002. Access to materials and facilities The school board shall permit teachers, administrators, and their respective organizations access at reasonable times to areas in which teachers and administrators work, and to use institutional bulletin boards, mail boxes, or other communication media subject to reasonable regulation by the school board, and to use school facilities at reasonable times for the purpose of meetings concerned with the exercise of rights guaranteed by this chapter. Added 1969, No. 127, § 2, eff. Sept. 1, 1969.

16 V.S.A. § 2003 Time to begin

2003. Time to begin The teacher or administrator organizations holding exclusive negotiating rights shall make a request for commencement of negotiations either to their school board or to the school board negotiations council no later than 120 days prior to the earliest school district annual meeting conducted within the supervisory union. Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2007, No. 82, § 32.

16 V.S.A. § 2004 Agenda

2004. Agenda (a) The school board, through its negotiations council, shall, upon request, negotiate with representatives of the teachers’ or administrators’ organization negotiations council on matters of salary, related economic conditions of employment, the manner in which it will enforce an employee’s obligation to pay the agency fee, procedures for processing complaints and grievances relating to employment, and any mutually agreed-upon matters not in conflict with the statutes and laws of the State of Vermont. (b) As used in this section, the terms “salary” and “related economic conditions of employment” shall not include health care benefits or coverage other than stand-alone vision and dental benefits. Health care benefits and health coverage, excluding stand-alone vision and dental benefits but including health reimbursement arrangements and health savings accounts, shall not be subject to collective bargaining pursuant to this chapter, but shall be determined pursuant to chapter 61 of this title. Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2005, No. 25, § 3; 2007, No. 82, § 33; 2013, No. 37, § 12; 2017, No. 74, § 23; 2018, No. 11 (Sp. Sess.), § H.19, eff. Jan. 1, 2020.

16 V.S.A. § 2005 Written agreement

2005. Written agreement The negotiations councils for the school board and the teachers’ or administrators’ organization shall enter into a written agreement or agreements incorporating matters agreed to in negotiation. The written agreement shall incorporate by reference the terms of the agreement entered into pursuant to chapter 61 of this title. Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2007, No. 82, § 34; 2018, No. 11 (Sp. Sess.), § H.20, eff. Jan. 1, 2020; 2019, No. 131 (Adj. Sess.), § 91.

16 V.S.A. § 2006 Mediator

2006. Mediator If, after negotiation has taken place on all matters properly before them, the negotiations councils for the school board and teachers’ or administrators’ organization are unable to reach agreement on specific negotiable items, they may jointly agree upon the services and person of a mediator for the purpose of assisting them in reconciling their differences and resolving the controversy on terms that are mutually acceptable. If agreement cannot be reached upon the person of a mediator, either party may request mediation upon any and all unresolved issues to be conducted by the American Arbitration Association or its designee. The parties shall meet with the mediator and make such information available as required. Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2007, No. 82, § 35.

16 V.S.A. § 2007 Fact-finding committee

2007. Fact-finding committee (a) If mediation fails to resolve outstanding differences or is not requested and a continuing disagreement persists, either party may, after negotiation on all matters properly before them, request that any or all unresolved issues be submitted to a fact-finding committee by notifying the other party of their intention and setting forth in writing the issues to be submitted to fact-finding. (b) The fact-finding committee, which shall be activated as soon as practicable upon request, shall be composed of one member selected by the school board negotiations council, one member selected by the negotiations council for the teachers’ or administrators’ organization, and one member who shall serve as chair, to be chosen by the other two members. In the event that agreement cannot be reached on a third member for the fact-finding committee, the American Arbitration Association shall be asked to appoint the third member. (c) The fact-finding committee shall convene as soon as practicable after its appointment, hold informal hearings as necessary, and provide adequate opportunity to all parties to testify fully on, and present evidence regarding, their respective positions. All parties to the dispute shall furnish the fact-finding committee upon its request all records, papers, and information in their possession pertaining to any matter properly in issue before the fact-finding committee. The fact-finding committee shall make a written report and shall deliver it to both parties recommending a reasonable basis for the settlement of the disagreement within 30 days after the appointment of all members of the committee. (d) The report of the fact-finding committee shall be advisory only and shall not be binding on either party. The report shall be made public by the fact-finding committee if the issues in dispute have not been resolved within ten days of the delivery of the report. (e) All expenses of fact-finding and mediation shall be borne jointly by the parties to the dispute. Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2007, No. 82, § 36.

16 V.S.A. § 2008 Finality of decisions

2008. Finality of decisions All decisions of the school board regarding matters in dispute in negotiations shall, after full compliance with this chapter, be final. Added 1969, No. 127, § 2, eff. Sept. 1, 1969.

16 V.S.A. § 2009 Delegation of authority

2009. Delegation of authority The negotiations councils for school boards and for teachers’ and administrators’ organizations are empowered to delegate in whole or in part the responsibility for negotiation of the collective agreement to any persons they may choose. However, final ratification of any agreement on behalf of a school board shall remain the sole responsibility of the school board, unless the school board has agreed to binding interest arbitration pursuant to subchapter 4 of this chapter. Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 1991, No. 196 (Adj. Sess.), § 3; 2007, No. 82, § 37.

16 V.S.A. § 2010 Injunctions

2010. Injunctions No restraining order or temporary or permanent injunction shall be granted in any case brought with respect to any action taken by a representative organization or an official thereof or by a school board or representative thereof in connection with or relating to pending or future negotiations, except on the basis of findings of fact made by a court of competent jurisdiction after due hearing prior to the issuance of the restraining order or injunction that the commencement or continuance of the action poses a clear and present danger to a sound program of school education that in the light of all relevant circumstances it is in the best public interest to prevent. Any restraining order or injunction issued by a court as provided in this section shall prohibit only a specific act or acts expressly determined in the findings of fact to pose a clear and present danger. Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2019, No. 131 (Adj. Sess.), § 92.

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