Miscellaneous Provisions

V.S.A. tit. 3, ch. 28, subch. 4

in effect

3 V.S.A. § 1041 Grievances; applicants and excluded personnel

1041. Grievances; applicants and excluded personnel (a) An applicant for employment in a position included in the bargaining unit and employees who are in the initial or extended probationary period may appeal to the Board if they believe they were discriminated against on account of race, color, creed, sex, sexual orientation, gender identity, age, national origin, religion, or disability. (b) Grievance rights and personnel rules for permanent employees who are not included in bargaining units shall be established and governed by the Judiciary Department personnel policies as adopted under Administrative Order No. 3 of the Supreme Court. (c) Any dispute concerning the amount of a collective bargaining service fee may be grieved to the Board in accordance with the rules of the Board. Added 1997, No. 92 (Adj. Sess.), § 9; amended 2007, No. 41, § 8.

3 V.S.A. § 1042 Enforcement

1042. 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 Washington Superior Court or the Superior Court in the county in which the action before the Board originated. The petition shall be served on the adverse party pursuant to 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 jurisdictional grounds may be appealed to the Supreme Court. (b) Upon filing of a petition by a party or the Board, the court may grant temporary relief that the court deems proper pending formal hearing. (c) Orders and decisions of the Board shall apply only to the particular case under appeal, but appeals presenting similar issues may be consolidated for hearing with the consent of the Board. All 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 by any order or decision. (d) An arbitration award issued pursuant to this chapter, including grievance arbitration and labor interest arbitration awards, may be enforced by any party by filing a petition with the Washington Superior Court or the Superior Court in the county in which the action originated. The petition shall be served on the adverse party pursuant to the Vermont Rules of Civil Procedure. If, after hearing, the court determines that the arbitrator had jurisdiction over the matter and that an application for modification or petition to vacate an award was not filed, 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 an arbitration award on jurisdictional grounds may be appealed to the Supreme Court. Added 1997, No. 92 (Adj. Sess.), § 9.

3 V.S.A. § 1043 Judicial review; stay pending appeal

1043. Judicial review; stay pending appeal (a) Any person aggrieved by an order or decision of the Board issued under this chapter, except a decision and order made pursuant to subsection 1018(i) of this title, may appeal questions of law to the Supreme Court. (b) An order of the Board shall not automatically be stayed pending appeal. Upon request, the Board may stay the order or any part of it. If the Board denies a stay, 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 1997, No. 92 (Adj. Sess.), § 9.

3 V.S.A. § 1044 Contract ratification; annual vote

1044. 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, § 9a.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/03/028Fetched: 10/21/2026