Terms Used In Vermont Statutes Title 3 Sec. 961

  • 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
  • gender identity: means an individual's actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual's gender or gender-identity, regardless of the individual's assigned sex at birth. See
  • Person: includes one or more individuals, the State of Vermont, Vermont State Colleges, University of Vermont, Department of State's Attorneys and Sheriffs, employee organizations, labor organizations, partnerships, corporations, legal representatives, trustees, or any other natural or legal entity whatsoever. See
  • Representatives: includes any individual or individuals certified by the Board to represent employees or employee organizations in collective bargaining or grievance proceedings. See
  • sexual orientation: means female or male homosexuality, heterosexuality, or bisexuality. See
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

§ 961. Employers

It shall be an unfair labor practice for an employer:

(1) to interfere with, restrain, or coerce employees in the exercise of their rights guaranteed by section 903 of this title, or by any other law, rule, or regulation;

(2) to dominate or interfere with the formation or administration of any employee organization or contribute financial or other support to it; provided that an employer shall not be prohibited from permitting employees to confer with the employer during working hours without loss of time or pay;

(3) by discrimination in regard to hire and tenure of employment or any term or condition of employment to encourage or discourage membership in any employee organization;

(4) to discharge or otherwise discriminate against an employee because the employee has filed charges or complaints or given testimony under this chapter;

(5) to refuse to bargain collectively with representatives of the employees subject to the provisions of subchapter 3 of this chapter;

(6) to discriminate against an employee on account of race, color, creed, religion, age, disability, sex, sexual orientation, gender identity, or national origin;

(7) to request or require an applicant, prospective employee or employee to have an HIV-related blood test as a condition of employment;

(8) to discriminate against an applicant, prospective employee or employee on the basis of a person‘s having a positive test result from an HIV-related blood test. (Added 1969, No. 113, § 1; amended 1987, No. 176 (Adj. Sess.), § 3; 1991, No. 135 (Adj. Sess.), § 2; 1999, No. 19, § 1; 2007, No. 41, § 2.)