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S.88

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 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 yearAppointments by the governor shall be made within 60 days of an expired term or vacancy.  The governor shall appoint two members from a list of eight nominees submitted jointly by the following labor organizations:  the Vermont AFL-CIO, the Vermont State Employees’ Association, the Vermont National Education Association, the Vermont chapters of United Electrical, Radio, and Machine Workers of America, and the International Brotherhood of Teamsters.  The governor shall appoint two members from a list of eight nominees submitted jointly by the management of the following organizations:  the Vermont League of Cities and Towns, the University of Vermont, the Vermont State Colleges, and the Vermont school boards association, and the department of human resources.  After soliciting and considering nominees submitted by the labor and management organizations described in this subsection, the governor shall appoint two neutral members.  Each neutral member shall be an individual who, at the time of the appointment, is not connected with any labor organization or management position and who reasonably can be considered to be able to serve as an impartial person.  Terms of board members shall be as follows:

(A)  a new member for a six‑year term beginning July 1, 2006, neutral;

(B)  an existing member seat of a six‑year term ending June 30, 2006, neutral;

(C)  an existing member seat of a six‑year term ending June 30, 2007, labor;

(D)  an existing member seat of a six‑year term ending June 30, 2008, management;

(E)  an existing member seat of a six‑year term ending June 30, 2009, labor;

(F)  an existing member seat of a six‑year term ending June 30, 2010, management.

(2)  Board members as of January 1, 2005 shall be permitted to complete their existing term.  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 chairNot Prior to July 1, 2010, not more than two members of a panel shall be of the same political party.  The chair, in his or her discretion, may appoint a five‑member panel to hear and decide a case.  Beginning July 1, 2010, each panel shall consist of at least one member nominated by the labor organizations described in subdivision (1) of this subsection, one member nominated by the management organizations described in subdivision (1) of this subsection, and one neutral member who shall serve as chair.  Two members of a panel shall constitute a quorum with authority to act conduct a hearing, provided that the absent third panel member 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.  Beginning July 1, 2010, the board shall elect a chair from its neutral members.

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

(d)  The members of the board, except the chairman chair or chair of a 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 chair of a 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.

(e)  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