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NO. 44. AN ACT RELATING TO REPLACING STRIKING EMPLOYEES IN MUNICIPAL LABOR DISPUTES.

(S.90)

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

Sec. 1. 21 V.S.A. § 1730 is amended to read:

§ 1730. RESTRICTIONS ON STRIKES

(a) A strike shall not be prohibited unless

(1) It occurs sooner than 30 days after the delivery of a factfinder's report to the parties pursuant to subsection (e) of section 1732 of this title;

(2) It occurs after both parties have voluntarily submitted a dispute to final and binding arbitration, or after a decision or award has been issued by the arbitrator; or

(3) It will endanger the health, safety or welfare of the public. A municipal employer may petition for an injunction or other appropriate relief from the superior court within the county wherein such strike in violation of this section is occurring or is about to occur.

(b) A municipality in which a strike is permitted under this section shall not permanently replace employees who participate in a strike.

Approved: May 26, 1999