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S.88

Introduced by   Senator Condos of Chittenden District and Senator Illuzzi of Essex‑Orleans District

Referred to Committee on

Date:

Subject:  Executive branch; state employees; labor relations; state labor relations board; membership; terms

Statement of purpose:  This bill proposes to modify the composition of the state labor relations board by:  (1) eliminating the requirement relating to political party affiliation; (2) requiring the governor to appoint four, rather than five, members; (3) requiring one member to be a “neutral” member selected by the four other members; and (4) specifying alternating staggered terms for board members representing labor organizations and management.

AN ACT RELATING TO THE STATE LABOR RELATIONS BOARD MEMBERSHIP

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

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

§ 921.  CREATION; MEMBERSHIP, COMPENSATION

(a)(1)  There is hereby created a state labor relations board composed of five members, of whom not more than three shall be of the same political party.  The governor shall appoint four of 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.  Appointments shall be made within 60 days of the expiration of a term or if a vacancy occurs.  The governor shall appoint two of the five members from a list of 12 nominees.  The list shall be comprised of three nominees from each of the following labor organizations:  the Vermont AFL-CIO, the Vermont State Employees’ Association, the Vermont National Education Association, and the Vermont chapters of United Electrical, Radio, and Machine Workers of America.  The term currently due to expire on July 1, 2010 shall, on that date, be filled by a new neutral member selected by the four sitting members.  The neutral member shall be a person of high standing in no way actively connected with labor or management.  If the four board members are unable to select the neutral member within 60 days, they shall notify the chief justice of the Vermont supreme court in writing, and the chief justice shall select the neutral member as expeditiously as possible.  Terms of board members shall be as follows:

(A)  six‑year term ending June 30, 2006, labor;

(B)  six‑year term ending June 30, 2007, management;

(C)  six‑year term ending June 30, 2008, labor;

(D)  six‑year term ending June 30, 2009, management;

(E)  six‑year term ending July 1, 2010, shall be filled on July 1, 2010 by a neutral member chosen by the other four board members.

(2)  Members of the board as of January 1, 2005 shall serve until the expiration of their terms.  To be eligible for appointment to the board, a person must 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.  Each case that comes before the board for a hearing shall be heard and decided by a panel of three members appointed by the board chairman.  Not more than two members of a panel shall be of the same political party.  Two Each panel shall consist of at least one member nominated by a labor organization, one member not so nominated, and beginning July 1, 2010, the neutral member who shall chair the panel.  Three members of a panel shall constitute a quorum with authority to act provided that 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 from its members.

(c)  The board may not be attached to any state department or agency and shall operate independently.

(d)(c)  The members of the board, except the chairman chair, shall be entitled to compensation of $75.00 a day for time spent in the performance of their duties.  The chairman chair shall be entitled to compensation in the amount of $125.00 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.

(e)(d)  The board may not issue orders for the implementation of which the legislature has not appropriated adequate funds.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us