The Vermont Statutes Online
STATE EMPLOYEES LABOR RELATIONS ACT
UNFAIR LABOR PRACTICES
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
(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
(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
(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;
opportunity to object to the amount of the agency fee sought, any amount
reasonably in dispute to be placed in escrow;
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.)