Labor Relations Board

V.S.A. tit. 3, ch. 27, subch. 2

in effect

3 V.S.A. § 921 Creation; membership; compensation

921. Creation; membership; compensation (a) There is hereby created a State Labor Relations Board composed of six members. The Governor shall appoint the members with the advice and consent of the Senate for a term of six years or for the member’s unexpired term from a list of nominees presented by the Labor Board Review Panel. The appointments shall be made within 60 days of an expired term or vacancy. (1) The Labor Board Review Panel shall be composed of five members to include the executive director of the Vermont Bar Association, the Commissioner of Labor, the State Court Administrator, and a representative of labor and a representative of employers, both of whom shall be appointed for two-year terms by the Commissioner of Labor from names provided by labor organizations and employers in the State. The Commissioner shall request names of potential representatives of labor and employers from at least three Vermont labor organizations and three Vermont employer organizations, respectively. (2) The Labor Board Review Panel shall: (A) At least 90 days prior to the expiration of a term or as soon as a vacancy is announced or created, request from both Vermont labor organizations and Vermont employer organizations, over which the Board has jurisdiction for dispute adjudication, and from organizations that train or employ persons to serve in a neutral role in labor management relations a list of nominees for each position that is to be filled. The Review Panel shall issue public notices of vacancies on the Board. An individual may apply for consideration as a nominee for a vacant Board position. (B)(i) Consider the experience, knowledge, character, integrity, judgment, and ability to act in a fair and impartial manner of each nominee in compiling a list of nominees for Board membership. The Review Panel shall consider the skills, perspectives, and experience of the nominees and ensure a continuing balance on the Board of labor, management, and neutral backgrounds in determining those nominees qualified to be forwarded to the Governor under subdivision (C) of this subdivision (2). (ii) For each individual that the Panel is considering forwarding to the Governor under subdivision (C) of this subdivision (2), the Panel shall interview the individual and contact at least one individual who can serve as a reference for the individual under consideration. (iii) “Nominees with neutral backgrounds” means individuals in high standing not connected with any labor organization or management position and who can be reasonably considered to be able to serve as an impartial individual. (C) Submit to the Governor a list of nominees whom the Panel has determined to be qualified for membership on the Board, from which the Governor shall appoint the members for unexpired terms or to fill vacancies. The Governor may request additional names from the Panel. (3) To be eligible for appointment to the Board an individual shall be a citizen of the United States and resident of the State of Vermont for one year immediately preceding appointment. A member of the Board may not hold any other State office. (4) Each case that comes before the Board for a hearing shall be heard and decided by a panel of three or five members appointed by the Board Chair. Two members of a three-member panel and three members of a five-member panel shall constitute a quorum with authority to conduct a hearing, provided that all members of the panel shall review the record and participate in the panel’s decision. The Board may review a proposed decision by a panel prior to its issuance for the sole purpose of insuring that questions of law are being decided in a consistent manner. (b) The Board shall elect a chair from its members every two years. (c) The Board may not be attached to any State department or agency and shall operate independently. (d) The members of the Board, except the Chair or the chair of a Board panel, shall be entitled to compensation of $125.00 a day for time spent in the performance of their duties. The Chair or the chair of a Board panel shall be entitled to compensation in the amount of $175.00 a day for time spent in the performance of his or her duties. The members, including the Chair, shall be reimbursed for their necessary expenses incurred in the performance of their duties. (e) The Board may not issue orders for the implementation of which the Legislature has not appropriated adequate funds. Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 21, eff. April 3, 1972; 1975, No. 152 (Adj. Sess.), § 2; 1979, No. 59, § 30; 1985, No. 133 (Adj. Sess.), § 1; 1987, No. 183 (Adj. Sess.), § 18; 2005, No. 187 (Adj. Sess.), § 1, eff. May 25, 2006; 2018, No. 2 (Sp. Sess.), § 14; 2021, No. 20, § 4.

3 V.S.A. § 922 Office space; employees; mediator

922. Office space; employees; mediator (a) The Secretary of Administration shall, upon request by the State Labor Relations Board, allow the Board the responsible use of public buildings under the Secretary’s 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. (c)(1) The Board may employ a mediator to provide free mediation services to public and private sector collective bargaining units and employers upon reaching an impasse during collective bargaining. (2) If the mediator has capacity, the mediator may provide free mediation services to public and private sector collective bargaining units and employers on grievances and unfair labor practice charges. (3) The Board shall develop policies and procedures to ensure that all confidential mediation information is maintained separately and insulated from access by members of the Board or other employees of the State Labor Relations Board so as to protect the integrity of the mediation process. Added 1969, No. 113, § 1; amended 1975, No. 152 (Adj. Sess.), § 3; 2025, No. 144 (Adj. Sess.), § E.135, eff. July 1, 2026.

3 V.S.A. § 923 Legal counsel

923. Legal counsel The Board may retain an attorney or attorneys qualified in labor law to represent it in all matters under this chapter. Added 1969, No. 113, § 1.

3 V.S.A. § 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.

3 V.S.A. § 925 Mediation; fact finding

925. Mediation; fact finding (a) Whenever the representatives of a collective bargaining unit and the representative of the employer, after a reasonable period of negotiation reach an impasse during the course of collective bargaining on subjects defined in section 904 of this title, the Board, upon petition of either or both parties, may authorize the parties to submit their differences to mediation. The Board shall within five days appoint a mediator who shall communicate with the employer and the employees or their representatives and endeavor by mediation to obtain an amicable settlement. Any mediator so appointed shall be a person of high standing in no way actively connected with labor or management. (b) If after a reasonable period of time not less than 15 days after the appointment of a mediator the impasse is not resolved, the mediator shall certify to the Board that the impasse continues. The Board shall appoint a fact finder mutually agreed upon by the parties. If the parties do not agree, the Board may appoint a neutral third party to act as fact finder pursuant to rules adopted by the Board. (c) [Repealed.] (d) The fact finder shall conduct hearings, pursuant to rules established by the Board. Upon request of either party or of the fact finder, the Board may issue subpoenas of persons and documents for the hearings and the fact finder may require that testimony be given under oath and may administer oaths. (e) Nothing herein shall prohibit a fact finder from endeavoring to mediate the dispute, which the fact finder is considering, at any time prior to the issuance of recommendations. (f) The fact finder shall consider, if applicable to the issues, the following factors, among others, in making a recommendation: (1) wage and salary schedules and employee benefits to the extent they are inconsistent with prevailing rates both internally and in commerce and industry for comparable work within the State; (2) work schedules relating to assigned hours and days of the week as they relate to the employee’s needs and the general public’s requirement for continual service; (3) general working conditions as they compare with generally accepted safety standards and conditions prevailing in commerce and industry within the State. (g) Upon completion of the hearings, the fact finder shall make and file with both parties written findings and recommendations. (h) The costs of witnesses and other expenses incurred by either party in fact-finding proceedings shall be paid directly by the party incurring them, and the costs and expenses of the fact finder shall be divided equally between the parties. Each party shall make payment of its half of the total to the fact finder within 15 days after receipt of the fact finder’s bill. (i)(1) In the case of the Vermont State Colleges or the University of Vermont, if the dispute remains unresolved 20 days after transmittal of findings and recommendations to the parties or within a time frame mutually agreed upon by the parties that may be not more than an additional 30 days, each party shall submit as a single package its last best offer on all disputed issues to the Board. Each party’s last best offer shall be filed with the Board under seal and shall be unsealed and placed in the public record only when both parties’ last best offers are filed with the Board. The Board shall hold one or more hearings. Within 30 days of the certifications, the Board shall select between the last best offers of the parties, considered in their entirety without amendment. (2)(A) In the case of the State of Vermont or the Department of State’s Attorneys and Sheriffs, if the dispute remains unresolved 20 days after transmittal of findings and recommendations to the parties or within a time frame mutually agreed upon by the parties that may be not more than an additional 30 days, each party shall submit as a single package its last best offer on all disputed issues to the Board, or upon the request of either party, to an arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator, the American Arbitration Association shall appoint a neutral third party to act as arbitrator. (B)(i) Each party’s last best offer shall be filed with the Board or the arbitrator under seal and shall be unsealed and placed in the public record only when both parties’ last best offers are filed with the Board or the arbitrator. (ii) A party’s last best offer shall not include a proposal to: (I) provide alternative health coverage to retired State employees that has not been agreed to pursuant to the provisions of subdivision 479(a)(2) of this title; or (II) provide health coverage that includes a Medicare Advantage plan or similar plan established pursuant to Title XVIII of the Social Security Act unless the inclusion of the plan has been agreed to by both parties. (iii) The Board or the arbitrator shall hold one or more hearings. Within 30 days of the certifications, the Board or the arbitrator shall select between the last best offers of the parties, considered in their entirety without amendment. (j) Notwithstanding the provisions of subsection (i) of this section: (1) In the case of the Vermont State Colleges or the University of Vermont, should the Board find the last best offers of both parties unreasonable and likely to produce undesirable results, or likely to result in a long-lasting negative impact upon the parties’ collective bargaining relationship, then the Board may select the recommendation of the fact finder under subsection (g) of this section as to those disputed issues submitted to the Board in the last best offers. (2) In the case of the State of Vermont or the Department of State’s Attorneys and Sheriffs, should the Board or the arbitrator find the last best offers of both parties unreasonable and likely to produce undesirable results, or likely to result in a long-lasting negative impact upon the parties’ collective bargaining relationship, then the Board or the arbitrator may select the recommendation of the fact finder under subsection (g) of this section as to those disputed issues submitted to the Board or the arbitrator in the last best offers. (k)(1) In the case of the University of Vermont or the Vermont State Colleges, the decision of the Board shall be final and binding on each party. (2) In the case of the State of Vermont or the Department of State’s Attorneys and Sheriffs, the decision of the Board or the arbitrator shall be final, and the terms of the chosen agreement shall be binding on each party, subject to appropriations in accordance with subsection 982(d) of this title. (l) Nothing herein shall be construed to permit an arbitrator or the Board to issue an order under subsection (i) of this section binding upon the parties that is in conflict with any statute or any rule or regulation that is not bargainable. Added 1969, No. 113, § 1; amended 1971, No. 185 (Adj. Sess.), § 2, eff. March 29, 1972; 1971, No. 193 (Adj. Sess.), § 8, eff. April 3, 1972; 1977, No. 109, § 6; 1987, No. 177 (Adj. Sess.), § 4; 2005, No. 71, § 178a, eff. June 21, 2005; 2005, No. 1 (Spec. Sess.), § 1; 2005, No. 194 (Adj. Sess.), § 2; 2011, No. 22, § 1; 2017, No. 81, § 8, eff. June 15, 2017; 2019, No. 61, § 21; 2023, No. 78, § E.108.2, eff. July 1, 2023.

3 V.S.A. § 926 Grievances

926. Grievances (a) The Board shall hear and make a final determination on the grievances of all employees who are eligible to appeal grievances to the Board. Grievance hearings at the Board level shall be conducted in accordance with the rules adopted by the Board. The right to institute grievance proceedings extends to individual employees, groups of employees, and collective bargaining units. (b) A collective bargaining agreement may provide for binding arbitration as a final step of a grievance procedure, rather than a hearing by the Board. An agreement that includes a binding arbitration provision shall also include the procedure for selecting an arbitrator. (c) If a collective bargaining agreement provides for binding arbitration as a final step of a grievance procedure, the agreement may also establish: (1) procedural rules for conducting grievance arbitration proceedings; (2) whether grievance arbitration proceedings will be confidential; and (3) whether arbitrated grievance determinations will have precedential value. (d) An arbitrator chosen or appointed under this section shall have no authority to add to, subtract from, or modify the collective bargaining agreement. (e) Any collective bargaining agreement that contains a binding arbitration provision pursuant to this section shall include an acknowledgement of arbitration that provides substantially the following: (The parties) understand that this agreement contains a provision for binding arbitration as a final step of the grievance process. After the effective date of this agreement, no grievance, submitted to binding arbitration, may be brought to the Vermont Labor Relations Board. An employee who has declined representation by the employee organization or whom the employee organization has declined to represent or is unable to represent shall be entitled, either by representing himself or herself or with the assistance of independent legal counsel, to appeal his or her grievance to the Vermont Labor Relations Board as the final step of the grievance process in accordance with the rules adopted by the Board. (f) This section shall not apply to labor interest arbitration, which as used in this chapter means the method of concluding labor negotiations by means of a disinterested person to determine the terms of a labor agreement. (g) A party may apply to the arbitrator for a modification of an award if the application is made within 30 days after delivery of a copy of the award to the applicant. An arbitrator may modify an award only if the arbitrator finds any one of the following: (1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award. (2) The award was based on a matter not submitted to the arbitrator, and the award may be corrected without affecting the merits of the decision on the issues submitted. (3) The award was imperfect in form and the award may be corrected without affecting the merits of the controversy. (h) A party may apply to the Civil Division of the Superior Court for review of the award, provided the application is made within 30 days after delivery of a copy of the award to the applicant or, in the case of a claim of corruption, fraud, or other undue means, the application is made within 30 days after those grounds are known or should have been known. The Civil Division of the Superior Court shall vacate an arbitration award based on any of the following: (1) The award was procured by corruption, fraud, or other undue means. (2) There was partiality or prejudicial misconduct by the arbitrator. (3) The arbitrator exceeded his or her power or rendered an award requiring a person to commit an act or engage in conduct prohibited by law. (i) The Board shall hear and make a final determination on the grievances of all retired individual employees of the University of Vermont, groups of such retired individuals, and retired collective bargaining unit members of the University of Vermont. Grievances shall be limited to those relating to compensation and benefits that were accrued during active employment but are received after retirement. As used in this subsection, “grievance” means an allegation of a violation of a collective bargaining agreement, employee handbook provision, early retirement plan, individual separation agreement or other documented agreement, or rule of the University of Vermont. Added 1969, No. 113, § 1; amended 1977, No. 109, § 7, eff. July 3, 1977; 2007, No. 107 (Adj. Sess.), § 1; 2015, No. 35, § 1, eff. May 26, 2015; 2025, No. 18, § 14, eff. May 13, 2025.

3 V.S.A. § 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 in that unit, in order to ensure 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; amended 2025, No. 18, § 14, eff. May 13, 2025.

3 V.S.A. § 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.

3 V.S.A. § 929 Records to be public

929. Records to be public All findings, conclusions, and determinations of the Board and the records of all hearings and other proceedings, unless otherwise provided by law, shall be public records. Added 1969, No. 113, § 1.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/03/027Fetched: 10/21/2026