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The Vermont Statutes Online
Title
03
:
Executive
Chapter
027
:
STATE EMPLOYEES LABOR RELATIONS ACT
Subchapter
002
:
LABOR RELATIONS BOARD
§
921. Creation; membership, compensation
(a) There is
hereby created a state labor relations board composed of six members. The
governor shall appoint the members with the advice and consent of the senate
for a term of six years or for the member's unexpired term from a list of
nominees presented by the labor board review panel. The appointments shall be
made within 60 days of an expired term or vacancy.
(1) The labor
board review panel shall be composed of five members to include the executive
director of the Vermont bar association, the commissioner of labor, the state
court administrator, and a representative of labor and a representative of
employers, both of whom shall be appointed for two-year terms by the
commissioner of labor from names provided by labor organizations and employers
in the state. The labor board review panel shall:
(A) At least 90
days prior to the expiration of a term or as soon as a vacancy is announced or
created, the review panel shall request from both Vermont labor organizations
and Vermont employer organizations, over which the board has jurisdiction for
dispute adjudication, and from organizations that train or employ persons to
serve in a neutral role in labor management relations a list of nominees for
each position is to be filled. The review panel shall issue public notices of
vacancies on the board. An individual may apply for consideration as a nominee
for a vacant board position.
(B) Consider the
experience, knowledge, character, integrity, judgment, and ability to act in a
fair and impartial manner of each nominee in compiling a list of nominees for
board membership. The review panel shall consider the skills, perspectives, and
experience of the nominees and ensure a continuing balance on the board of
labor, management, and neutral backgrounds in determining those nominees
qualified to be forwarded to the governor under subsection (c) of this section.
"Nominees with neutral backgrounds" means individuals in high
standing not connected with any labor organization or management position, and
who can be reasonably considered to be able to serve as an impartial
individual.
(C) Submit to
the governor a list of nominees whom the panel has determined to be qualified
for membership on the board, from which the governor shall appoint the members
for unexpired terms or to fill vacancies. The governor may request additional
names from the panel.
(2) To be
eligible for appointment to the board an individual shall be a citizen of the
United States and resident of the state of Vermont for one year immediately
preceding appointment. A member of the board may not hold any other state
office.
(3) Each case
that comes before the board for a hearing shall be heard and decided by a panel
of three or five members appointed by the board chair. Two members of a
three-member panel and three members of a five-member panel shall constitute a
quorum with authority to conduct a hearing, provided that all members of the
panel shall review the record and participate in the panel's decision. The board
may review a proposed decision by a panel prior to its issuance for the sole
purpose of insuring that questions of law are being decided in a consistent
manner.
(b) The board
shall elect a chair from its members every two years.
(c) The board
may not be attached to any state department or agency and shall operate
independently.
(d) The members
of the board, except the chair or the chair of a board panel, shall be entitled
to compensation of $125.00 a day for time spent in the performance of their
duties. The chair or the chair of a board panel shall be entitled to
compensation in the amount of $175.00 a day for time spent in the performance
of his or her duties. The members including the chair shall be reimbursed for
their necessary expenses incurred in the performance of their duties.
(e) The board
may not issue orders for the implementation of which the legislature has not
appropriated adequate funds. (Added 1969, No. 113, § 1; amended 1971, No. 193
(Adj. Sess.), § 21, eff. April 3, 1972; 1975, No. 152 (Adj. Sess.), § 2; 1979,
No. 59, § 30; 1985, No. 133 (Adj. Sess.), § 1; 1987, No. 183 (Adj. Sess.), §
18; 2005, No. 187 (Adj. Sess.), § 1, eff. May 25, 2006.)