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Case Law Summary of Labor Relations Decisions
Index Page
 
  Introduction    
  I. Unit Determination Cases A. Supervisors
B. Managerial Employees
C. Confidential Employees
D. Appropriate Bargaining Units
E. Unit Clarification
 
  II. Representation Elections

A. Timing of Election Petitions

B. Election Campaigns

C. Conduct of Elections

D. Affiliation of Union

E. Employee Choice of Bargaining Representative

F. Jurisdictional Questions

 
  III. Duty to Bargain A. Scope of Bargaining
B. Elements of Good Faith Bargaining
C. Dispute Resolution Procedures, the Right to Strike and Unilateral Changes
D. Bargaining Duty During Term of Contract
 
  IV. Unfair Labor Practices A. In General
B. Employer Unfair Labor Practices
C. Union Unfair Labor Practices
 
  V. Grievances

A. In General
B. Timeliness Requirements

C. Duty to Provide Information During Grievance Process
D. Contract Construction
E. Dismissals
F. Protected Activity and Discrimination Claims in Dismissals and Other Grievances
G. Disciplinary actions Less than Dismissals
H. Discipline of State Police
I. Resignations
J. Performance Evaluations
K. Layoffs of employees
L. Overtime Issues
M. Classification of State Employees
N. Reappointment and Tenure of State Colleges Faculty
O. Full-Time Status and Workload of State Colleges Faculty

 
  VI. Miscellaneous Areas of Board Jurisdiction A. Claims Against State Employees
B. Discrimination Against State Probationary Employees and Applicants for State Employment
 
 

INTRODUCTION

INTRODUCTION
This summary covers major areas of case law under five labor relations statutes in Vermont. The five statutes are: 1) State Employees Labor Relations Act, 3 V.S.A. §901, et seq.; 2) Labor Relations for Teachers Act, 16 V.S.A. §1981, et seq.; 3) State Labor Relations Act, 21 V.S.A. §1501 et seq.; 4) Municipal Employee Relations Act, 21 V.S.A. §1721 et seq; and 5) Judiciary Employees Labor Relations Act, 3 V.S.A. §1010, et seq.


The Vermont Labor Relations Board ("VLRB") is the agency responsible for administering the statutes, with the exception that the Board does not resolve unit determination questions or conduct representation elections under the Teachers Act, although it does hear unfair labor practice charges involving teachers. The Board determines appropriate bargaining units, conducts representation elections, and adjudicates unfair labor practice charges in cases involving relations between employers (State, State Colleges, University of Vermont, municipal employers, school districts and small private employers) and their employees; and in regard to the State of Vermont, the Vermont State Colleges and the University of Vermont, makes final determination on employee grievances and provides assistance in resolving negotiations disputes. VLRB decisions can be appealed directly to the Vermont Supreme Court on questions of law. 3 V.S.A. §1003 and §1043; 21 V.S.A. §1623(c) and §1729(c).


This guide is intended to provide a general summary of case law in major areas where the VLRB and the Court have substantially developed principles and standards. This is not intended to be an exhaustive summary, but is designed to provide an overview of areas where the VLRB has devoted the substantial majority of its case handling time. The areas covered herein will be 1) unit determination cases, 2) representation election decisions, 3) unfair labor practice cases, 4) grievances, and 5) miscellaneous areas of VLRB jurisdiction. This is the 16th revision of the case law summary originally published in January 1991, and it is the intent to continue to develop this summary through annual revisions.                                                                                  TOP

 

 

 

 

 

 

 

 

 

 

 

 

 

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Vermont Labor Relations Board, 13 Baldwin St., Montpelier, VT, Tel (802) 828-2700, Fax (802) 828-2392
Mailing Address: 133 State St., Monpelier, VT 05633-6101