§ 1631. Definitions As used in this chapter: (1) “Board” means the State Labor Relations Board established by 3 V.S.A. § 921. (2) “Collective bargaining” or “bargaining collectively” means the process by which the State and the exclusive representative of the independent direct support providers negotiate mandatory subjects of bargaining identified in subsection 1634(b) of […]
§ 1632. Rights of independent direct support providers Independent direct support providers shall have the right to: (1) organize, form, join, or assist a labor organization for the purposes of collective bargaining without interference, restraint, or coercion; (2) bargain collectively through their chosen representatives; (3) engage in concerted activities for the purpose of supporting or […]
§ 1633. Rights of the State Subject to the rights guaranteed by this chapter and subject to all other applicable laws, rules, and regulations, nothing in this chapter shall be construed to interfere with the right of the State to: (1) carry out the statutory mandate and goals of the Agency of Human Services and […]
§ 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 […]
§ 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 (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 (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 (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 (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 (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 […]
§ 1641. Rules and regulations The Board shall make and may amend and rescind and adopt such rules and regulations consistent with this chapter as may be necessary to carry out the provisions of this chapter. (Added 2013, No. 48, § 1, eff. May 24, 2013.)
§ 1642. Appeal (a) Any person aggrieved by an order or decision of the Board issued under the authority of this chapter may appeal on questions of law to the Supreme Court. (b) An order of the Board shall not automatically be stayed pending appeal. A stay must first be requested from the Board. The […]
§ 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 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 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 (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 […]
