§921. Creation; membership, compensation

Link to law: http://legislature.vermont.gov/statutes/section/03/027/00921
Published: 2015

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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.)
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