§ 1643. Enforcement
§ 1643. Enforcement (a) Orders of the Board issued under this chapter may be enforced by any party or by the Board by filing a petition with the Civil Division of the Superior Court of Washington County or in the Civil Division of the Superior Court in the county in which the action before the […]
§ 1644. Antitrust exemption
§ 1644. Antitrust exemption The activities of independent direct support providers and their exclusive representative that are necessary for the exercise of their rights under this chapter shall be afforded State action immunity under applicable federal and State antitrust laws. The State intends that the “State action” exemption to federal antitrust laws be available only […]
§ 1645. Automatic membership dues deduction
§ 1645. Automatic membership dues deduction Independent direct support providers who are members of the labor organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from an independent direct support provider, the State shall, as soon as practicable and in any event, […]
§ 1646. Annual list of independent direct support providers in bargaining unit
§ 1646. Annual list of independent direct support providers in bargaining unit (a) Annually, or on a more frequent basis if mutually agreed to by the State and the exclusive representative, the State shall provide the exclusive representative of the independent direct support providers with a list of all independent direct support providers in the […]
§ 1635. Election; bargaining unit
§ 1635. Election; bargaining unit (a) Petitions and elections shall be conducted pursuant to the procedures provided in 3 V.S.A. §§ 941 and 942, except that only one bargaining unit shall exist for independent direct support providers, and the exclusive representative shall be the exclusive representative for the purpose of grievances. (b) A representation election […]
§ 1636. Mediation; fact-finding; last best offer
§ 1636. Mediation; fact-finding; last best offer (a) If, after a reasonable period of negotiation, the representative of the collective bargaining unit and the State reach an impasse, the Board, upon petition of either party, may authorize the parties to submit their differences to mediation. Within five days after receipt of the petition, the Board […]
§ 1637. General duties and prohibited conduct
§ 1637. General duties and prohibited conduct (a) The State and the independent direct support providers and their representatives shall make every reasonable effort to make and maintain agreements concerning matters allowed under this chapter and to settle all disputes, whether arising out of the application of those agreements or disputes concerning the agreements. All […]
§ 1638. Prevention of unfair practices
§ 1638. Prevention of unfair practices (a) The Board may prevent the State or a labor organization from engaging in any unfair labor practice listed in section 1637 of this title. Whenever a charge is made that the State or a labor organization has engaged in or is engaging in any unfair labor practice, the […]
§ 1639. Negotiated agreement; funding
§ 1639. Negotiated agreement; funding (a) If the State and the exclusive representative reach an agreement, the Governor shall request from the General Assembly an appropriation sufficient to fund the agreement in the next operating budget. If the General Assembly appropriates sufficient funds, the negotiated agreement shall become effective and binding at the beginning of […]
§ 1640. Rights unaltered
§ 1640. Rights unaltered (a) A collective bargaining agreement shall not infringe upon any rights of service recipients or their surrogates to hire, direct, supervise, or discontinue the employment of any particular independent direct support provider. (b) Nothing in this section shall alter the rights and obligations of private sector employers and employees under the […]