§962. Employees

Link to law: http://legislature.vermont.gov/statutes/section/03/027/00962
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










 

§

962. Employees

It shall be an

unfair labor practice for an employee organization or its agents:

(1) To restrain

or coerce employees in the exercise of the rights guaranteed to them by law,

rule, or regulation. However, this subdivision shall not impair the right of an

employee organization to prescribe its own rules with respect to the

acquisition or retention of membership therein, provided such rules are not

discriminatory.

(2) To restrain

or coerce an employer in the selection of his or her representatives for the

purposes of collective bargaining or adjustments of grievances.

(3) To cause or

attempt to cause an employer to discriminate against an employee in violation

of section 961 of this title or to discriminate against an employee with

respect to whom membership in such organization has been denied or terminated

on some ground other than his or her failure to tender the periodic dues and

the initiation fees uniformly required as a condition for acquiring or

retaining membership.

(4) To refuse to

bargain collectively with an employer, provided it is the representative of his

or her employees subject to the provisions of subchapter 3 of this chapter.

(5) To engage

in, or to induce or encourage any individual employed by any person to engage

in, a strike or a refusal in the course of his or her employment to use,

transport, or otherwise handle or work on any goods, articles, materials, or

commodities or to perform any authorized functions.

(6) To threaten,

coerce, or restrain any person where in either case an object thereof is:

(A) Forcing or

requiring any State employee to join any employee organization or to enter into

any agreement which is prohibited by the provisions of this chapter.

(B) Forcing or

requiring any employer or employee to cease using, handling, transporting, or

otherwise dealing in the products of a producer, processor, or manufacturer, or

to cease doing business with any other person, in the course of regular State

business, or forcing, or requiring the employer to recognize or bargain with an

employee organization as the representative of his or her employees unless such

employee organization has been certified as the representative of such

employees under the provisions of subchapter 3 of this chapter.

(C) Forcing or

requiring the employer to recognize or bargain with a particular employee

organization as the representative of his or her employees if another employee

organization has been certified as the representative of those employees under

subchapter 3 of this chapter.

(D) Forcing or

requiring the employer to assign particular work to employees in a particular

position class or employee organization rather than to employees in another

position class or employee organization unless such employer is failing to

conform to an order of certification of the Board determining the bargaining

representative for employees performing that work.

(7) To cause or

attempt to cause an employer to pay or deliver or agree to pay or deliver any

money or other thing of value in the nature of an exaction, for services which

are not performed or not to be performed or which are not needed or required by

the employer.

(8) To picket or

cause to be picketed, or threaten to picket or cause to be picketed, the

employer where an object thereof is forcing or requiring the employer to

recognize or bargain with an employee organization as the representative of his

or her employees, or forcing or requiring the employees of an employer to

accept or select the employee organization as their collective bargaining representative.

(9) To engage in

activities unlawful under section 903 of this title.

(10) To charge a

collective bargaining fee unless such employee organization has established and

maintained a procedure to provide nonmembers with:

(A) an audited

financial statement that identifies the major categories of expenses, and

divides them into chargeable and nonchargeable expenses;

(B) an

opportunity to object to the amount of the agency fee sought, any amount

reasonably in dispute to be placed in escrow;

(C) prompt

arbitration by the Board to resolve any objection over the amount of the

collective bargaining fee. (Added 1969, No. 113, § 1; amended 1977, No. 109, §

11, eff. July 3, 1977; 1993, No. 227 (Adj. Sess.), § 31; 2013, No. 37, § 5.)
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