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NO. 19. AN ACT TO PROHIBIT DISCRIMINATION ON THE BASIS OF AGE, RELIGION OR DISABILITY IN REGARD TO UNFAIR LABOR PRACTICES.

(S.79)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 3 V.S.A. § 961 is amended to read:

§ 961. EMPLOYERS

It shall be an unfair labor practice for an employer:

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(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 *[him]* the employer during working hours without loss of time or pay.

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(4) To discharge or otherwise discriminate against an employee because *[he]* the employee has filed charges or complaints or given testimony under this chapter.

(5) To refuse to bargain collectively with representatives of *[his]* 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 or national origin.

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Sec. 2. 3 V.S.A. § 963 is amended to read:

§ 963. MEMBERSHIP; EMPLOYEES' RIGHTS

An employee organization entering into an agreement shall not:

(1) Discriminate against a person seeking or holding membership therein on account of race, color, creed, religion, age, disability, sex, sexual orientation or national origin.

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Sec. 3. 3 V.S.A. § 1001 is amended to read:

§ 1001. GRIEVANCES; APPLICANTS AND EXCLUDED PERSONNEL

(a) Persons who are applicants for state employment in the classified service and classified employees in their initial probationary period and any extension or extensions thereof may appeal to the state labor relations board if they believe themselves discriminated against on account of their race, color, creed, religion, disability, sex, sexual orientation, age or national origin.

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Sec. 4. 21 V.S.A. § 495 is amended to read

§ 495. UNLAWFUL EMPLOYMENT PRACTICE

(a) It shall be unlawful employment practice, except where a bona fide occupational qualification requires persons of a particular race, color, religion, national origin, sex, sexual orientation, ancestry, place of birth, age, or physical or mental condition:

(1) For any employer, employment agency or labor organization to discriminate against any individual because of race, color, religion, ancestry, national origin, sex, sexual orientation, place of birth, or age or against a qualified *[handicapped]* disabled individual;

(2) For any person seeking employees or for any employment agency or labor organization to cause to be printed, published or circulated any notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based upon race, color, religion, ancestry, national origin, sex, sexual orientation, place of birth, age or *[handicapping condition]* disability;

(3) For any employment agency to fail or refuse to classify properly or refer for employment or to otherwise discriminate against any individual because of race, color, religion, ancestry, national origin, sex, sexual orientation, place of birth, or age or against a qualified *[handicapped]* disabled individual;

(4) For any labor organization, because of race, color, religion ancestry, national origin, sex, sexual orientation, place of birth, or age to discriminate against any individual or against a qualified *[handicapped]* disabled individual or to limit, segregate or qualify its membership;

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Sec. 5. 21 V.S.A. § 495b(b) is amended to read:

(b) Any person aggrieved by a violation of the provisions of this subchapter may bring an action in superior court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees and other appropriate relief.

Sec. 6. 21 V.S.A. § 1621 is amended to read:

§ 1621. UNFAIR LABOR PRACTICES

(a) It shall be an unfair labor practice for an employer:

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

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(4) To discharge or otherwise discriminate against an employee because *[he]* the employee has filed charges or given testimony under this chapter.

(5) To refuse to bargain collectively with the representatives of *[his]* the employees subject to the provisions of section 1583 of this chapter.

(6) Nothing in this chapter or any other statute of this state shall preclude an employer from making an agreement with a labor organization (not established, maintained or assisted by any action defined in this subsection (a) as an unfair labor practice) to require as a condition of employment membership in such labor organization on or after the thirtieth day following the beginning of such employment or the effective date of such agreement, whichever is the later (i) if such labor organization is the representative of the employees as provided in section 1583 of this chapter, in the appropriate collective bargaining unit covered by such agreement when made and (ii) unless following an election held as provided in section 1584 of this chapter within one year preceding the effective date of such agreement, the board shall have certified that at least a majority of the employees eligible to vote in such election have voted to rescind the authority of such labor organization to make such an agreement. No employer shall justify any discrimination against an employee for nonmembership in a labor organization:

(A) If *[he]* the employer has reasonable grounds for believing that *[such]* membership was not available to the employee on the same terms and conditions generally applicable to other members, or

(B) If *[he]* the employer has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership.

(7) To discriminate against an employee on account of race, color *[or creed]*, creed, religion, sex, sexual orientation, national origin, age or disability.

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(b) It shall be an unfair labor practice for a labor organization or its agents:

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(B) To restrain or coerce an employer in the selection of *[his]* representatives for the purposes of collective bargaining or adjustment of grievances.

(2) To cause or attempt to cause an employer to discriminate against an employee in violation of subdivision (a)(3) of this section or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than *[his]* the employee's failure to tender the periodic dues and the initiation fees uniformly required as a condition for acquiring or retaining membership.

(3) To refuse to bargain collectively with an employer, provided it is the representative of *[his]* the employees subject to the provisions of section 1583 of this title.

(4)(i) To engage in, or to induce or encourage any individual employed by any person to engage in, a strike or a refusal in the course of *[his]* employment to use, manufacture, process, transport or otherwise handle or work on any goods, articles, materials or commodities or to perform any services; or (ii) to threaten, coerce or restrain any person where in either case an object thereof is:

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(B) Forcing or requiring any person to cease using, selling, handling, transporting or otherwise dealing in the products of any other producer, processor or manufacturer, or to cease doing business with any other person, or forcing or requiring any other employer to recognize or bargain with a labor organization as the representative of *[his]* employees unless such labor organization has been certified as the representative of such employees under the provisions of section 1581 of this title, but, this *[clause (B)]* subdivision shall not be construed to make unlawful, where not otherwise unlawful, any primary strike or primary picketing.

(C) Forcing or requiring any employer to recognize or bargain with a particular labor organization as the employee's representative *[of his employees]* if another labor organization has been certified as the representative of those employees under section 1581 of this title.

(D) Forcing or requiring any employer to assign particular work to employees in a particular labor organization or in a particular trade, craft, or class rather than to employees in another labor organization or in another trade, craft, or class, unless such employer is failing to conform to an order or certification of the board determining the bargaining representative for employees performing such work. This subsection (b) shall not be construed to make unlawful a refusal by any person to enter upon the premises of any employer, other than *[his]* the person's own employer, if the employees of such employer are engaged in a strike ratified or approved by a representative of such employees whom the employer is required to recognize under this act. *[For the purposes of this subdivision (4) only, nothing contained in such]* Nothing in this subdivision shall be construed to prohibit publicity, other than picketing, for the purpose of truthfully advising the public, including consumers and members of a labor organization, that a product or products are produced by an employer with whom the labor organization has a primary dispute and are distributed by another employer, as long as such publicity does not have an effect of inducing any individual employed by any person other than the primary employer in the course of *[his]* employment to refuse to pick up, deliver, or transport any goods, or not to perform any services, at the establishment of the employer engaged in such distribution.

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(7) To picket or cause to be picketed, or threaten to picket or cause to be picketed, any employer where an object thereof is forcing or requiring an employer to recognize or bargain with a labor organization as the employee's representative *[of his employees]*, or forcing or requiring the employees of an employer to accept or select the labor organization as their collective bargaining representative, unless the labor organization is currently certified as the representative of the employees;

(8) Compulsory membership; employees' rights. A labor organization entering into an agreement requiring a person's membership therein as a condition of *[his]* employment by the employer shall not:

(A) discriminate against a person seeking or holding membership therein on account of race, color, disability, religion, creed, sex, sexual orientation, age or national origin.

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Sec. 7. 21 V.S.A. § 1726 is amended to read:

§ 1726. UNFAIR LABOR PRACTICES

(a) It shall be an unfair labor practice for an employer:

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(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 *[him]* the employer during working hours without loss of time or pay.

* * *

(4) To discharge or otherwise discriminate against an employee because *[he]* the employee has filed charges or complaints or given testimony under this chapter.

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(7) To discriminate against an employee on account of race, color, religion, creed, sex, sexual orientation, national origin, disability, age or political affiliation.

(8) Nothing in this chapter or any other statute of this state shall preclude a municipal employer from making an agreement with the exclusive bargaining agent to require an agency service fee to be paid as a condition of employment, or to require as a condition of employment membership in such employee organization on or after the 30th day following the beginning of such employment or the effective date of such agreement, whichever is the later. No municipal employer shall discharge or discriminate against any employee for nonpayment of an agency service fee or for nonmembership in an employee organization:

(A) If *[he]* the employer has reasonable grounds for believing that *[such ]*membership was not available to the employee on the same terms and conditions generally applicable to other members; or

(B) If *[he]* the employer has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership.

(b) It shall be an unfair labor practice for an employee organization or its agents:

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(2) To restrain or coerce an employer in the selection of *[his]* representatives for the purposes of collective bargaining or adjustments of grievances.

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(5) To engage in, or to induce or encourage any person to engage in a strike or a refusal in the course of *[his]* employment to use, transport or otherwise handle or work on any goods, articles, materials or commodities or to perform any services; or to threaten, coerce or restrain any person with the aim of forcing or requiring any employee to join any employee organization or forcing or requiring any person to cease doing business with any other person, in the course of regular municipal business.

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(8) To picket or cause to be picketed, or threaten to picket or cause to be picketed, the municipal employer where an object thereof is forcing or requiring the municipal employer to recognize or bargain with an employee organization as the employees' representative *[of his employees]*, or forcing or requiring the employees of an employer to accept or select the employee organization as their collective bargaining representative.

(9) To discriminate against a person seeking or holding membership therein on account of race, color, religion, creed sex, sexual orientation, national origin, disability, age or political affiliation.

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Approved: May 13, 1999