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Terms Used In Vermont Statutes Title 21 Sec. 1730

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Municipal employer: means a city, town, village, fire district, lighting district, consolidated water district, housing authority, union municipal district, or any of the political subdivisions of the State of Vermont that employs five or more employees as defined in this section. See
  • Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
  • Strike: means conduct by an employee or employee organization or its agents that produces, induces, or encourages a work stoppage, slowdown, or withholding of services; such conduct includes recognizing a picket line or other conduct that interferes with or impedes the orderly functions and services of a municipal employer. See

§ 1730. Restrictions on strikes

(a) A strike shall not be prohibited unless

(1) it occurs sooner than 30 days after the delivery of a factfinder’s report to the parties pursuant to subsection 1732(e) of this title;

(2) it occurs after both parties have voluntarily submitted a dispute to final and binding arbitration, or after a decision or award has been issued by the arbitrator; or

(3) it will endanger the health, safety, or welfare of the public. A municipal employer may petition for an injunction or other appropriate relief from the Superior Court within the county wherein such strike in violation of this section is occurring or is about to occur.

(b) A municipality in which a strike is permitted under this section shall not permanently replace employees who participate in a strike. (Added 1973, No. 111, § 1; amended 1999, No. 44, § 1.)