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S.88

AN ACT RELATING TO THE STATE LABOR RELATIONS BOARD MEMBERSHIP

The House proposes to the Senate to amend the bill by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  3 V.S.A. § 921 is amended to read:

§ 921.  CREATION; MEMBERSHIP, COMPENSATION

(a)  There is hereby created a state labor relations board composed of five six members, of whom not more than three shall be of the same political party.  The governor shall appoint the members with the advice and consent of the senate for a term of six years or for the unexpired portion thereof in such manner that not more than one term shall expire in the same year member’s unexpired term from a list of nominees presented by the labor board review panel.  The appointments shall be made within 60 days of an expired term or vacancy.

(1)  The labor board review panel shall be composed of five members to include the executive director of the Vermont bar association, the commissioner of labor, the state court administrator, and a representative of labor and a representative of employers, both of which shall be appointed for two year terms by the commissioner of labor from names provided by labor organizations and employers in the state.  The labor board review panel shall:

(A)  At least 90 days prior to the expiration of a term or as soon as a vacancy is announced or created, the review panel shall request from both Vermont labor organizations and Vermont employer organizations, over which the board has jurisdiction for dispute adjudication, and from organizations that train or employ persons to serve in a neutral role in labor management relations a list of nominees for each position is to be filled.  The review panel shall issue public notices of vacancies on the board.  An individual may apply for consideration as a nominee for a vacant board position.

(B)  Consider the experience, knowledge, character, integrity, judgment, and ability to act in a fair and impartial manner of each nominee in compiling a list of nominees for board membership.  The review panel shall consider the skills, perspectives, and experience of the nominees and ensure a continuing balance on the board of labor, management, and neutral backgrounds in determining those nominees qualified to be forwarded to the Governor under subsection (c) of this section.  “Nominees with neutral backgrounds” means individuals in high standing not connected with any labor organization or management position, and who can be reasonably considered to be able to serve as an impartial individual.

(C)  Submit to the governor a list of nominees whom the panel has determined to be qualified for membership on the board, from which the governor shall appoint the members for unexpired terms or to fill vacancies.  The governor may request additional names from the panel.

(2)  To be eligible for appointment to the board a person must an individual shall be a citizen of the United States and resident of the state of Vermont for one year immediately preceding his or her appointment.  A member of the board may not hold any other state office.

(3)  Each case that comes before the board for a hearing shall be heard and decided by a panel of three or five members appointed by the board chairman chair.  Not more than two members of a panel shall be of the same political party.  Two members of a three-member panel and three members of a five-member panel shall constitute a quorum with authority to act conduct a hearing, provided that the all members of the panel shall review the record and participate in the panel’s decision.  The board may, in its discretion, review a proposed decision by a panel prior to its issuance for the sole purpose of insuring that questions of law are being decided in a consistent manner.

(b)  The board shall elect a chairman chair from its members every two years.

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(d)  The members of the board, except the chairman chair or the chair of a board panel, shall be entitled to compensation of $75.00 $125.00 a day for time spent in the performance of their duties.  The chairman chair or the chair of a board panel shall be entitled to compensation in the amount of $125.00 $175.00 a day for time spent in the performance of his or her duties.  The members including the chairman, chair shall be reimbursed for their necessary expenses incurred in the performance of their duties.

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Sec. 3.  EFFECTIVE DATE: TRANSITIONAL PROVISIONS

(a)  This act shall take effect on passage, except that 3 V.S.A. § 921(d) shall take effect on July 1, 2006

(b)  The labor review panel shall be appointed within 30 days of the effective date of this act. 

(c)  The new sixth member of the labor relations board shall be appointed on or before October 15, 2006.

(d)  Members of the labor relations board as of January 1, 2006 shall serve until their terms expire or they resign or vacate the position. 

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us