Vermont Statutes Title 3 Sec. 903
Terms Used In Vermont Statutes Title 3 Sec. 903
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Collective bargaining service fee: means a fee deducted by an employer from the salary or wages of an employee who is not a member of an employee organization, which is paid to the employee organization that is the exclusive bargaining agent for the bargaining unit of the employee. See
- Collective bargaining unit: means the employees of an employer, being either all of the employees, the members of a department or agency, or such other unit or units as the Board may determine are most appropriate to best represent the interests of employees. See
- Employee: means a State employee as defined by subdivision (5) of this section except as the context requires otherwise. See
- Employee organization: means an organization of any kind in which employees participate and that exists for the purpose of representing its members, if certified by the Board as an exclusive representative for the purposes of collective bargaining. See
- Employer: means the State of Vermont, excluding the Legislative and Judiciary Departments, represented by the Governor or designee, the Office of the Defender General represented by the Defender General or designee, Vermont State Colleges represented by the Chancellor or designee, and the University of Vermont represented by the President or designee. See
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Representatives: includes any individual or individuals certified by the Board to represent employees or employee organizations in collective bargaining or grievance proceedings. See
- State employee: means any individual employed on a permanent or limited-status basis by the State of Vermont, the Vermont State Colleges, the University of Vermont, the State's Attorneys' offices, or as a full-time deputy sheriff paid by the State pursuant to 24 V. See
- Strike: means any concerted stoppage of work by employees and any concerted slowdown, interference, or interruption of operations or services by employees. See
§ 903. Employees’ rights and duties; prohibited acts
(a) Employees shall have the right to self-organization; to form, join, or assist employee organizations; to bargain collectively through representatives of their own choice, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities, except as provided in subsections (b) and (c) of this section, and to appeal grievances as provided in this chapter.
(b) A State employee may not strike or recognize a picket line of an employee or labor organization while in the performance of his or her official duties.
(c) An employee who exercises the right not to join the employee organization representing the employee’s collective bargaining unit shall pay the collective bargaining service fee to the representative of the bargaining unit in the same manner as employees who pay membership fees to the representative. The employee organization shall indemnify and hold the employer harmless from any and all claims stemming from the implementation or administration of the collective bargaining service fee. Nothing in this section shall require an employer to discharge an employee who does not pay the collective bargaining service fee.
(d) All employers, their officers, agents, and employees or representatives shall exert every reasonable effort to make and maintain agreements concerning matters allowable under section 904 of this title and to settle all disputes, whether arising out of the application of those agreements or growing out of any dispute between the employer and the employees thereof.
(e) Employees who are members of the employee organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from an employee, the employer shall, as soon as practicable and in any event, not later than 30 calendar days after receiving the authorization, commence withholding from the employee’s wages the amount of membership dues certified by the employee organization. The employer shall transmit the amount withheld to the employee organization on the same day as the employee is paid. Nothing in this subsection shall be construed to require a member of an employee organization to participate in automatic dues deduction. (Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 6; 1993, No. 227 (Adj. Sess.), § 28; 2013, No. 37, § 2; 2019, No. 180 (Adj. Sess.), § 4, eff. Jan. 1, 2021.)