The Vermont Statutes Online
STATE EMPLOYEES LABOR RELATIONS ACT
LABOR RELATIONS BOARD
(a) The Board
shall hear and make a final determination on the grievances of all employees
who are eligible to appeal grievances to the Board. Grievance hearings at the
Board level shall be conducted in accordance with the rules and regulations
adopted by the Board. The right to institute grievance proceedings extends to
individual employees, groups of employees, and collective bargaining units.
(b) A collective
bargaining agreement may provide for binding arbitration as a final step of a
grievance procedure, rather than a hearing by the Board. An agreement that
includes a binding arbitration provision shall also include the procedure for
selecting an arbitrator.
(c) If a
collective bargaining agreement provides for binding arbitration as a final
step of a grievance procedure, the agreement may also establish:
rules for conducting grievance arbitration proceedings;
grievance arbitration proceedings will be confidential; and
arbitrated grievance determinations will have precedential value.
arbitrator chosen or appointed under this section shall have no authority to
add to, subtract from, or modify the collective bargaining agreement.
collective bargaining agreement that contains a binding arbitration provision
pursuant to this section shall include an acknowledgement of arbitration that
provides substantially the following:
understand that this agreement contains a provision for binding arbitration as
a final step of the grievance process. After the effective date of this
agreement, no grievance, submitted to binding arbitration, may be brought to
the Vermont Labor Relations Board. An employee who has declined representation
by the employee organization or whom the employee organization has declined to
represent or is unable to represent, shall be entitled, either by representing
himself or herself or with the assistance of independent legal counsel, to
appeal his or her grievance to the Vermont Labor Relations Board as the final
step of the grievance process in accordance with the rules and regulations
adopted by the Board.
(f) This section
shall not apply to labor interest arbitration, which as used in this chapter
means the method of concluding labor negotiations by means of a disinterested
person to determine the terms of a labor agreement.
(g) A party may
apply to the arbitrator for a modification of an award if the application is
made within 30 days after delivery of a copy of the award to the applicant. An
arbitrator may modify an award only if the arbitrator finds any one of the
(1) There was an
evident miscalculation of figures or an evident mistake in the description of
any person, thing, or property referred to in the award.
(2) The award
was based on a matter not submitted to the arbitrator, and the award may be
corrected without affecting the merits of the decision on the issues submitted.
(3) The award
was imperfect in form and the award may be corrected without affecting the
merits of the controversy.
(h) A party may
apply to the Civil Division of the Superior Court for review of the award
provided the application is made within 30 days after delivery of a copy of the
award to the applicant or, in the case of a claim of corruption, fraud, or
other undue means, the application is made within 30 days after those grounds
are known or should have been known. The Civil Division of the Superior Court
shall vacate an arbitration award based on any of the following:
(1) The award
was procured by corruption, fraud, or other undue means.
(2) There was
partiality or prejudicial misconduct by the arbitrator.
arbitrator exceeded his or her power or rendered an award requiring a person to
commit an act or engage in conduct prohibited by law.
(i) The Board
shall hear and make a final determination on the grievances of all retired
individual employees of the University of Vermont, groups of such retired
individuals, and retired collective bargaining unit members of the University
of Vermont. Grievances shall be limited to those relating to compensation and
benefits that were accrued during active employment but are received after
retirement. As used in this subsection, "grievance" means an
allegation of a violation of a collective bargaining agreement, employee handbook
provision, early retirement plan, individual separation agreement or other
documented agreement, or rule or regulation of the University of Vermont.
(Added 1969, No. 113, § 1; amended 1977, No. 109, § 7, eff. July 3, 1977; 2007,
No. 107 (Adj. Sess.), § 1; 2015, No. 35, § 1, eff. May 26, 2015.)