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The Vermont Statutes Online
Title
03
:
Executive
Chapter
028
:
JUDICIARY EMPLOYEES LABOR RELATIONS ACT
Subchapter
004
:
MISCELLANEOUS PROVISIONS
§
1042. Enforcement
(a) Orders of
the board issued under this chapter may be enforced by any party or by the
board by filing a petition with the Washington superior court or the superior
court in the county in which the action before the board originated. The
petition shall be served on the adverse party pursuant to the Vermont Rules of
Civil Procedure. If, after hearing, the court determines that the board had
jurisdiction over the matter and that a timely appeal was not filed, or that an
appeal was timely filed and a stay of the board order or any part of it was not
granted, or that a board order was affirmed on appeal in pertinent part by the
supreme court, the court shall incorporate the order of the board as a judgment
of the court. There is no appeal from that judgment except that a judgment
reversing a board decision on jurisdictional grounds may be appealed to the
supreme court.
(b) Upon filing
of a petition by a party or the board, the court may grant temporary relief
that the court deems proper pending formal hearing.
(c) Orders and
decisions of the board shall apply only to the particular case under appeal,
but appeals presenting similar issues may be consolidated for hearing with the
consent of the board. All employees who are aggrieved by the same action of the
employer may join in an appeal with the consent of the board. The board shall
not modify, add to, or detract from a collective bargaining agreement by any
order or decision.
(d) An
arbitration award issued pursuant to this chapter, including grievance
arbitration and labor interest arbitration awards, may be enforced by any party
by filing a petition with the Washington superior court or the superior court
in the county in which the action originated. The petition shall be served on the
adverse party pursuant to the Vermont Rules of Civil Procedure. If, after
hearing, the court determines that the arbitrator had jurisdiction over the
matter and that an application for modification or petition to vacate an award
was not filed, the court shall incorporate the order of the board as a judgment
of the court. There is no appeal from that judgment except that a judgment
reversing an arbitration award on jurisdictional grounds may be appealed to the
supreme court. (Added 1997, No. 92 (Adj. Sess.), § 9.)