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The Vermont Statutes Online
Title
03
:
Executive
Chapter
027
:
STATE EMPLOYEES LABOR RELATIONS ACT
Subchapter
004
:
UNFAIR LABOR PRACTICES
§
965. Prevention of unfair practices
(a) The board
may prevent any person from engaging in any unfair labor practice listed in
sections 961-962 of this title. Whenever a charge is made that any person has
engaged in or is engaging in any unfair labor practice, the board may issue and
cause to be served upon that person a complaint stating the charges in that
respect and containing a notice of hearing before the board at a place and time
therein fixed at least seven days after the complaint is served. The board may
amend the complaint at any time before it issues an order based thereon. No
complaint shall issue based on any unfair labor practice occurring more than
six months prior to the filing of the charge with the board and the service of
a copy thereof upon the person against whom such charge is made, unless the
person aggrieved thereby was prevented from filing the charge by reason of
service in the armed forces, in which event the six-month period shall be
computed from the day of his discharge.
(b) The person
complained of shall have the right to file an answer to the original or amended
complaint and appear in person or otherwise and present evidence in connection
therewith at the time and place fixed in the complaint. In the discretion of
the board any other person may be permitted to intervene and present evidence
in the matter. Any proceeding under this section shall, so far as practicable,
be conducted in accordance with rules of evidence used in the courts. The board
shall provide for the making of a transcript of the testimony presented at the
hearing.
(c) The board
shall have power to administer oaths and take testimony under oath relative to
the matter of inquiry. At any hearing ordered by the board, the board shall
have the power to subpoena witnesses and to demand the production of books,
papers, records, and documents for its examination. Officers who serve
subpoenas issued by the board and witnesses attending hearings conducted by the
board shall receive fees and compensation at the same rates as officers and
witnesses in causes before a criminal division of the superior court, to be
paid on vouchers of the board.
(d) If upon the
preponderance of the evidence, the board finds that any person named in the
complaint has engaged in or is engaging in any such unfair labor practice, it
shall state its finding of fact in writing and shall issue and cause to be
served on that person an order requiring him to cease and desist from the
unfair labor practice, and to take such affirmative action as will carry out
the policies of this chapter. If upon the preponderance of the evidence the
board does not find that the person named in the complaint has engaged in or is
engaging in any unfair labor practice, it shall state its findings of fact in
writing and dismiss the complaint.
(e) In
determining whether a complaint shall issue alleging a violation of subdivision
961(1) or (2) of this title, and in deciding those cases, the same regulations
and rules of decision shall apply irrespective of whether or not an employee
organization affected is affiliated with an employee organization national or
international in scope.
(f) No order of
the board shall require the reinstatement of any individual as an employee who
has been suspended or discharged or the payment to him of any back pay, if such
individual was suspended or discharged for cause, except through the grievance
procedures. (Added 1969, No. 113, § 1; amended 2009, No. 154 (Adj. Sess.), §
238.)