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The Vermont Statutes Online
Title
03
:
Executive
Chapter
027
:
STATE EMPLOYEES LABOR RELATIONS ACT
Subchapter
002
:
LABOR RELATIONS BOARD
§
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(c) [Repealed.]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) 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 no 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 its entirety without
amendment.
(j)
Notwithstanding the provisions of subsection (i) of this section, 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.
(k) In the case
of the State of Vermont, the decision of the Board 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. 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.
(l) Nothing
herein shall be construed to permit 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.)