| 1 | 1 | | BILL AS INTRODUCED H.174 |
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| 5 | 5 | | VT LEG #379953 v.1 |
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| 6 | 6 | | H.174 1 |
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| 7 | 7 | | Introduced by Representatives Casey of Montpelier and Headrick of 2 |
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| 8 | 8 | | Burlington 3 |
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| 9 | 9 | | Referred to Committee on 4 |
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| 10 | 10 | | Date: 5 |
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| 11 | 11 | | Subject: Executive; State Employees Labor Relations Act; Labor Relations 6 |
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| 12 | 12 | | Board; grievances, unfair labor practices 7 |
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| 13 | 13 | | Statement of purpose of bill as introduced: This bill proposes to remove 8 |
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| 14 | 14 | | grievances from the Labor Relations Board workload and to require that the 9 |
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| 15 | 15 | | final step in the grievance process be binding arbitration. This bill also 10 |
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| 16 | 16 | | proposes to set deadlines for the handling of unfair labor practices before the 11 |
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| 17 | 17 | | Labor Relations Board. 12 |
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| 18 | 18 | | An act relating to the Vermont Labor Relations Board 13 |
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| 19 | 19 | | It is hereby enacted by the General Assembly of the State of Vermont: 14 |
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| 20 | 20 | | * * * Binding Arbitration * * * 15 |
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| 21 | 21 | | Sec. 1. 3 V.S.A. § 904 is amended to read: 16 |
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| 22 | 22 | | § 904. SUBJECTS FOR BARGAINING 17 |
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| 23 | 23 | | (a) All matters relating to the relationship between the employer and 18 |
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| 24 | 24 | | employees shall be the subject of collective bargaining except those matters 19 |
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| 25 | 25 | | that are prescribed or controlled by statute. The matters appropriate for 20 BILL AS INTRODUCED H.174 |
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| 28 | 28 | | |
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| 29 | 29 | | VT LEG #379953 v.1 |
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| 30 | 30 | | collective bargaining to the extent they are not prescribed or controlled by 1 |
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| 31 | 31 | | statute include: 2 |
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| 32 | 32 | | (1) wages, salaries, benefits, and reimbursement practices relating to 3 |
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| 33 | 33 | | necessary expenses and the limits of reimbursable expenses; 4 |
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| 34 | 34 | | (2) minimum hours per week; 5 |
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| 35 | 35 | | (3) working conditions; 6 |
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| 36 | 36 | | (4) overtime compensation and related matters; 7 |
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| 37 | 37 | | (5) leave compensation and related matters; 8 |
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| 38 | 38 | | (6) reduction-in-force procedures; 9 |
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| 39 | 39 | | (7) grievance procedures, including whether an appeal to the Vermont 10 |
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| 40 | 40 | | Labor Relations Board or binding arbitration, or both, will constitute the final 11 |
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| 41 | 41 | | step in a grievance procedure; 12 |
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| 42 | 42 | | * * * 13 |
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| 43 | 43 | | Sec. 2. 3 V.S.A. § 926 is amended to read: 14 |
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| 44 | 44 | | § 926. GRIEVANCES 15 |
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| 45 | 45 | | (a) The Board shall hear and make a final determination on the grievances 16 |
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| 46 | 46 | | of all employees who are eligible to appeal grievances to the Board. Grievance 17 |
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| 47 | 47 | | hearings at the Board level shall be conducted in accordance with the rules and 18 |
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| 48 | 48 | | regulations adopted by the Board. The right to institute grievance proceedings 19 |
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| 49 | 49 | | extends to individual employees, groups of employees, and collective 20 |
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| 50 | 50 | | bargaining units. 21 BILL AS INTRODUCED H.174 |
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| 52 | 52 | | |
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| 53 | 53 | | |
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| 54 | 54 | | VT LEG #379953 v.1 |
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| 55 | 55 | | (b) A collective bargaining agreement may provide for binding Binding 1 |
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| 56 | 56 | | arbitration as a shall be the final step of a grievance procedure, rather than a 2 |
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| 57 | 57 | | hearing by the Board. An agreement that includes a binding arbitration 3 |
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| 58 | 58 | | provision Collective bargaining agreements shall also include the procedure 4 |
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| 59 | 59 | | for selecting an arbitrator. 5 |
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| 60 | 60 | | (c) If a collective Collective bargaining agreement provides for binding 6 |
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| 61 | 61 | | arbitration as a final step of a grievance procedure, the agreement agreements 7 |
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| 62 | 62 | | may also establish: 8 |
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| 63 | 63 | | (1) procedural rules for conducting grievance arbitration proceedings; 9 |
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| 64 | 64 | | (2) whether grievance arbitration proceedings will be confidential; and 10 |
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| 65 | 65 | | (3) whether arbitrated grievance determinations will have precedential 11 |
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| 66 | 66 | | value. 12 |
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| 67 | 67 | | (d) An arbitrator chosen or appointed under this section shall have no 13 |
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| 68 | 68 | | authority to add to, subtract from, or modify the collective bargaining 14 |
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| 69 | 69 | | agreement. 15 |
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| 70 | 70 | | (e) Any collective Collective bargaining agreement that contains a binding 16 |
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| 71 | 71 | | arbitration provision pursuant to this section agreements shall include an 17 |
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| 72 | 72 | | acknowledgement of arbitration that provides substantially the following: 18 |
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| 73 | 73 | | ACKNOWLEDGEMENT OF ARBITRATION 19 |
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| 74 | 74 | | (The parties) understand that this agreement contains a provision for binding 20 |
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| 75 | 75 | | arbitration as a final step of the grievance process. After the effective date of 21 BILL AS INTRODUCED H.174 |
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| 77 | 77 | | |
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| 78 | 78 | | |
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| 79 | 79 | | VT LEG #379953 v.1 |
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| 80 | 80 | | this agreement, no grievance, submitted to binding arbitration, may be brought 1 |
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| 81 | 81 | | to the Vermont Labor Relations Board. An employee who has declined 2 |
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| 82 | 82 | | representation by the employee organization or whom the employee 3 |
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| 83 | 83 | | organization has declined to represent or is unable to represent, shall be 4 |
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| 84 | 84 | | entitled, either by representing himself or herself or with the assistance of 5 |
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| 85 | 85 | | independent legal counsel, to appeal his or her grievance to the Vermont Labor 6 |
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| 86 | 86 | | Relations Board as the final step of the grievance process in accordance with 7 |
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| 87 | 87 | | the rules and regulations adopted by the Board. 8 |
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| 88 | 88 | | (f) This section shall not apply to labor interest arbitration, which as used in 9 |
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| 89 | 89 | | this chapter means the method of concluding labor negotiations by means of a 10 |
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| 90 | 90 | | disinterested person to determine the terms of a labor agreement. 11 |
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| 91 | 91 | | (g) A party may apply to the arbitrator for a modification of an award if the 12 |
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| 92 | 92 | | application is made within 30 days after delivery of a copy of the award to the 13 |
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| 93 | 93 | | applicant. An arbitrator may modify an award only if the arbitrator finds any 14 |
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| 94 | 94 | | one of the following: 15 |
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| 95 | 95 | | (1) There was an evident miscalculation of figures or an evident mistake 16 |
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| 96 | 96 | | in the description of any person, thing, or property referred to in the award. 17 |
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| 97 | 97 | | (2) The award was based on a matter not submitted to the arbitrator, and 18 |
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| 98 | 98 | | the award may be corrected without affecting the merits of the decision on the 19 |
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| 99 | 99 | | issues submitted. 20 BILL AS INTRODUCED H.174 |
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| 103 | 103 | | VT LEG #379953 v.1 |
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| 104 | 104 | | (3) The award was imperfect in form and the award may be corrected 1 |
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| 105 | 105 | | without affecting the merits of the controversy. 2 |
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| 106 | 106 | | (h) A party may apply to the Civil Division of the Superior Court for 3 |
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| 107 | 107 | | review of the award provided the application is made within 30 days after 4 |
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| 108 | 108 | | delivery of a copy of the award to the applicant or, in the case of a claim of 5 |
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| 109 | 109 | | corruption, fraud, or other undue means, the application is made within 30 days 6 |
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| 110 | 110 | | after those grounds are known or should have been known. The Civil Division 7 |
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| 111 | 111 | | of the Superior Court shall vacate an arbitration award based on any of the 8 |
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| 112 | 112 | | following: 9 |
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| 113 | 113 | | (1) The award was procured by corruption, fraud, or other undue means. 10 |
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| 114 | 114 | | (2) There was partiality or prejudicial misconduct by the arbitrator. 11 |
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| 115 | 115 | | (3) The arbitrator exceeded his or her the arbitrator’s power or rendered 12 |
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| 116 | 116 | | an award requiring a person to commit an act or engage in conduct prohibited 13 |
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| 117 | 117 | | by law. 14 |
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| 118 | 118 | | (i) The Board shall hear and make a final determination on the The 15 |
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| 119 | 119 | | grievances of all retired individual employees of the University of Vermont, 16 |
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| 120 | 120 | | groups of such retired individuals, and retired collective bargaining unit 17 |
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| 121 | 121 | | members of the University of Vermont shall be submitted to binding 18 |
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| 122 | 122 | | arbitration for a final determination. Grievances shall be limited to those 19 |
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| 123 | 123 | | relating to compensation and benefits that were accrued during active 20 |
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| 124 | 124 | | employment but are received after retirement. As used in this subsection, 21 BILL AS INTRODUCED H.174 |
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| 126 | 126 | | |
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| 127 | 127 | | |
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| 128 | 128 | | VT LEG #379953 v.1 |
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| 129 | 129 | | “grievance” means an allegation of a violation of a collective bargaining 1 |
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| 130 | 130 | | agreement, employee handbook provision, early retirement plan, individual 2 |
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| 131 | 131 | | separation agreement or other documented agreement, or rule or regulation of 3 |
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| 132 | 132 | | the University of Vermont. 4 |
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| 133 | 133 | | Sec. 3. 3 V.S.A. § 928 is amended to read: 5 |
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| 134 | 134 | | § 928. RULES 6 |
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| 135 | 135 | | (a) The Board, as necessary to carry out the provisions of this chapter, shall 7 |
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| 136 | 136 | | adopt and may amend and rescind rules consistent with this chapter. 8 |
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| 137 | 137 | | (b) Notwithstanding the provisions of subsection (a) of this section, rules 9 |
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| 138 | 138 | | adopted by the Board as they relate to grievance appeals shall provide: 10 |
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| 139 | 139 | | (1) If a collective bargaining agreement provides that an appeal to the 11 |
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| 140 | 140 | | Board will constitute the final step in the grievance procedure, all employees 12 |
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| 141 | 141 | | and other persons authorized by this chapter shall have the right to appeal to 13 |
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| 142 | 142 | | the Board in accordance with the rules of the Board. 14 |
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| 143 | 143 | | (2) That a reasonable notice be given to the State agency or officer, and 15 |
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| 144 | 144 | | State employee, and the representative concerned and to the Commissioner of 16 |
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| 145 | 145 | | Human Resources. 17 |
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| 146 | 146 | | (3) That all hearings of the Board shall be public and, unless both parties 18 |
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| 147 | 147 | | concerned request that it be formal, hearings shall be informal and not subject 19 |
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| 148 | 148 | | to the rules of pleadings, procedure, and evidence of the courts of the State. 20 BILL AS INTRODUCED H.174 |
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| 151 | 151 | | |
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| 152 | 152 | | VT LEG #379953 v.1 |
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| 153 | 153 | | (4) That all parties in interest to any appeal shall be entitled to be heard 1 |
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| 154 | 154 | | on any matter at issue. 2 |
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| 155 | 155 | | (5) That in appeals from the decisions of the Department of Human 3 |
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| 156 | 156 | | Resources or any State agency or officer, the State agency and officer and the 4 |
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| 157 | 157 | | State employee shall be parties in interest, and the Commissioner of Human 5 |
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| 158 | 158 | | Resources or the collective bargaining representative on motion, may intervene 6 |
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| 159 | 159 | | as a party in interest. 7 |
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| 160 | 160 | | (6) That the parties at interest shall have the right to present witnesses, 8 |
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| 161 | 161 | | give evidence, and examine witnesses before the Board. 9 |
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| 162 | 162 | | (7)(A)(i) That the name of any grievant whom the Board exonerates of 10 |
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| 163 | 163 | | misconduct for which he or she was disciplined shall be redacted from the 11 |
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| 164 | 164 | | version of the Board’s decision that is posted on the Board’s website. 12 |
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| 165 | 165 | | (ii) Nothing in this subdivision (7)(A) shall be construed to require 13 |
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| 166 | 166 | | the Board to redact the name of the grievant from any other version of the 14 |
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| 167 | 167 | | Board’s decision or from any other documents related to the grievance. 15 |
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| 168 | 168 | | (B) Nothing in this subdivision (7) shall be construed to modify an 16 |
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| 169 | 169 | | individual’s right to privacy pursuant to any law, rule, or policy. 17 BILL AS INTRODUCED H.174 |
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| 173 | 173 | | VT LEG #379953 v.1 |
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| 174 | 174 | | Sec. 4. 3 V.S.A. § 941 is amended to read: 1 |
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| 175 | 175 | | § 941. UNIT DETERMINATION, CERTIFICATION, AND 2 |
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| 176 | 176 | | REPRESENTATION 3 |
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| 177 | 177 | | * * * 4 |
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| 178 | 178 | | (i) The Board, by rule, shall prescribe a uniform procedure for the 5 |
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| 179 | 179 | | resolution of employee grievances submitted through the collective bargaining 6 |
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| 180 | 180 | | machinery. If the collective bargaining agreement does not provide that 7 |
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| 181 | 181 | | binding arbitration will be the final step of the negotiated grievance procedure 8 |
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| 182 | 182 | | pursuant to section 926 of this chapter, the final step of the negotiated 9 |
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| 183 | 183 | | grievance procedure, if required, shall be a hearing and final determination by 10 |
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| 184 | 184 | | the Board. Grievance hearings conducted by the Board shall be informal and 11 |
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| 185 | 185 | | not subject to the rules of pleading procedure, and evidence of the courts of the 12 |
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| 186 | 186 | | State. Any employee or group of employees included in a duly certified 13 |
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| 187 | 187 | | bargaining unit may be represented before the Board by its bargaining 14 |
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| 188 | 188 | | representative’s counsel or designated executive staff employees or by any 15 |
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| 189 | 189 | | individual the Board may permit at its discretion. [Repealed.] 16 |
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| 190 | 190 | | * * * 17 |
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| 191 | 191 | | Sec. 5. 3 V.S.A. § 1001 is amended to read: 18 |
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| 192 | 192 | | § 1001. GRIEVANCES; APPLICANTS AND EXCLUDED PERSONNEL 19 |
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| 193 | 193 | | * * * 20 BILL AS INTRODUCED H.174 |
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| 196 | 196 | | |
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| 197 | 197 | | VT LEG #379953 v.1 |
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| 198 | 198 | | (c) Any dispute concerning the amount of a collective bargaining service 1 |
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| 199 | 199 | | fee may be grieved as set forth in the collective bargaining agreement through 2 |
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| 200 | 200 | | either an appeal to the Vermont Labor Relations Board in accordance with the 3 |
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| 201 | 201 | | Board’s rules concerning grievances, or through binding arbitration. 4 |
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| 202 | 202 | | * * * Unfair Labor Practices * * * 5 |
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| 203 | 203 | | Sec. 6. 3 V.S.A. § 965 is amended to read: 6 |
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| 204 | 204 | | § 965. PREVENTION OF UNFAIR PRACTICES 7 |
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| 205 | 205 | | (a) The Board may prevent any person from engaging in any unfair labor 8 |
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| 206 | 206 | | practice listed in sections 961–962 of this title. Whenever a charge is made 9 |
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| 207 | 207 | | that any person has engaged in or is engaging in any unfair labor practice, the 10 |
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| 208 | 208 | | Board may issue and cause to be served upon that person a complaint stating 11 |
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| 209 | 209 | | the charges in that respect and containing a notice of hearing before the Board 12 |
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| 210 | 210 | | at a place and time therein fixed at least seven business days after the 13 |
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| 211 | 211 | | complaint is served. The Board may amend the complaint at any time before it 14 |
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| 212 | 212 | | issues an order based thereon on the complaint. No complaint shall issue 15 |
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| 213 | 213 | | based on any unfair labor practice occurring more than six months prior to the 16 |
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| 214 | 214 | | filing of the charge with the Board and the service of a copy thereof of the 17 |
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| 215 | 215 | | charge upon the person against whom such charge is made, unless the person 18 |
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| 216 | 216 | | aggrieved thereby individual filing the charge was prevented from filing the 19 |
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| 217 | 217 | | charge doing so by reason of service in the U.S. Armed Forces, in which event 20 BILL AS INTRODUCED H.174 |
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| 221 | 221 | | VT LEG #379953 v.1 |
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| 222 | 222 | | the six-month period shall be computed from the day of his or her the 1 |
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| 223 | 223 | | individual’s discharge. 2 |
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| 224 | 224 | | (b) The person complained of shall have the right to file an answer to the 3 |
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| 225 | 225 | | original or amended complaint and appear in person or otherwise and present 4 |
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| 226 | 226 | | evidence in connection therewith with the complaint at the time and place 5 |
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| 227 | 227 | | fixed in the complaint by the Board. In the discretion of the Board, any other 6 |
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| 228 | 228 | | person may be permitted to intervene and present evidence in the matter. Any 7 |
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| 229 | 229 | | proceeding under this section shall, so far as practicable, be conducted in 8 |
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| 230 | 230 | | accordance with Rules of Evidence used in the courts. The Board shall 9 |
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| 231 | 231 | | provide for the making of a transcript of the testimony presented at the hearing. 10 |
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| 232 | 232 | | * * * 11 |
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| 233 | 233 | | (f) No order of the Board shall require the reinstatement of any individual 12 |
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| 234 | 234 | | as an employee who has been suspended or discharged or the payment to him 13 |
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| 235 | 235 | | or her the individual of any back pay, if such the individual was suspended or 14 |
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| 236 | 236 | | discharged for cause, except through the grievance procedures. 15 |
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| 237 | 237 | | (g) The following timelines shall apply to charges brought under this 16 |
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| 238 | 238 | | section: 17 |
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| 239 | 239 | | (1) The party against whom an unfair labor practice charge is filed shall 18 |
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| 240 | 240 | | file the answer not later than 14 days after receipt of service of the complaint. 19 |
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| 241 | 241 | | (2) The Board shall hold a hearing on the unfair labor practice charge 20 |
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| 242 | 242 | | not later than 90 days after the date upon which the answer is filed, absent 21 BILL AS INTRODUCED H.174 |
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| 245 | 245 | | |
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| 246 | 246 | | VT LEG #379953 v.1 |
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| 247 | 247 | | extenuating circumstances. If extenuating circumstances require additional 1 |
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| 248 | 248 | | time before a hearing is held, the Board shall promptly notify the parties of the 2 |
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| 249 | 249 | | reason for the extension and set a new date and time for the hearing. 3 |
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| 250 | 250 | | (3) Post-hearing briefs, if any, shall be filed not later than 14 days after 4 |
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| 251 | 251 | | the hearing. 5 |
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| 252 | 252 | | (4) The Board shall issue its decision on the unfair labor practice charge 6 |
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| 253 | 253 | | not later than 30 days after the hearing or after receipt of the parties’ post-7 |
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| 254 | 254 | | hearing briefs, whichever is later. 8 |
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| 255 | 255 | | * * * Effective Date * * * 9 |
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| 256 | 256 | | Sec. 7. EFFECTIVE DATE 10 |
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| 257 | 257 | | This act shall take effect on July 1, 2025. 11 |
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