§965. Prevention of unfair practices

Link to law: http://legislature.vermont.gov/statutes/section/03/027/00965
Published: 2015

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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.)
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