Vermont Statutes Title 21 Sec. 1634
Terms Used In Vermont Statutes Title 21 Sec. 1634
- Board: means the State Labor Relations Board established by 3 V. See
- Collective bargaining service fee: means a fee deducted by the State from the compensation of an independent direct support provider who is not a member of the exclusive representative of independent direct support providers, which is paid to the exclusive representative. See
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Exclusive representative: means the labor organization that has been certified under this chapter and has the right to represent independent direct support providers for the purpose of collective bargaining. See
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Grievance: means the exclusive representative's formal written complaint regarding the improper application of one or more terms of the collective bargaining agreement, the failure to abide by any agreement reached, or the discriminatory application of a rule or regulation, which has not been resolved to a satisfactory result through informal discussion with the State. See
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 1634. Establishment of limited collective bargaining; scope of bargaining
(a) Independent direct support providers, through their exclusive representative, shall have the right to bargain collectively with the State, through the Governor’s designee, under this chapter.
(b) Mandatory subjects of bargaining under this section shall be limited to:
(1) compensation rates, workforce benefits, and payment methods and procedures, except that independent direct support providers shall not be eligible to participate in the State’s retirement system or the Vermont State Employee Health Plan solely by virtue of bargaining under this chapter;
(2) professional development and training, except that the issue of whether the State may choose directly to create and administer a professional development or training program shall be a permissive subject of bargaining;
(3) the collection and disbursement of dues or fees to the exclusive representative, provided that a collective bargaining service fee may not be required of nonmembers unless the exclusive representative has established and maintained a procedure to provide nonmembers with:
(A) an audited financial statement that identifies the major categories of expenses, and divides them into chargeable and nonchargeable expenses; and
(B) an opportunity to object to the amount of the agency fee sought, any amount reasonably in dispute to be placed in escrow, subject to prompt review and determination by the Board to resolve any objection over the amount of the collective bargaining fee, as provided for in subsection (d) of this section;
(4) procedures for resolving grievances against the State, provided that the final step of any negotiated grievance procedure, if required, shall be a hearing and final determination by the Board in accordance with Board rules and regulations; and
(5) access to job referral opportunities within covered programs, except that the issue of whether the State may choose directly to create and administer a referral registry shall be a permissive subject of bargaining.
(c) For the purpose of this chapter, the obligation to bargain collectively is the performance of the mutual obligation of the State and the exclusive representative of the independent direct support providers to meet at reasonable times and confer in good faith with respect to all matters bargainable under the provisions of this chapter; but the failure or refusal of either party to agree to a proposal, or to change or withdraw a lawful proposal, or to make a concession shall not constitute, or be evidence of direct or indirect, a breach of this obligation. Nothing in this chapter shall be construed to require either party during collective bargaining to accede to any proposal or proposals of the other party.
(d) Any dispute raised by a nonmember concerning the amount of a collective bargaining service fee, as provided for under subdivision (b)(3) of this section, may be grieved to the State Labor Relations Board which shall review and determine such matter promptly, in accordance with the Board’s rules. (Added 2013, No. 48, § 1, eff. May 24, 2013.)