§1042. Enforcement

Link to law: http://legislature.vermont.gov/statutes/section/03/028/01042
Published: 2015

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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.)
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