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BILL AS PASSED BY HOUSE 2007-2008

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H.353

AN ACT RELATING TO EMPLOYEE FREE CHOICE FOR BARGAINING REPRESENTATIVE

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

Sec. 1.  3 V.S.A. § 941(g) and (h) are amended to read:

(g)(1)  In determining the representation of state employees in a collective bargaining unit the board shall conduct a secret ballot of the employees and certify the results to the interested parties and to the state employer.  The original ballot shall be so prepared as to permit a vote against representation by anyone named on the ballot.  No representative will be certified with less than a majority of the votes cast.

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(4)  Notwithstanding subdivisions (1), (2), and (3) of this subsection, if the board determines that the petition filed bears the signatures of 50 percent plus one or more of the employees in the bargaining unit deemed appropriate by the board, it shall certify the petitioner as the bargaining representative.  Certification under this subdivision applies only when no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit.  The board shall develop policies and procedures to implement this subdivision.

(h)  A representative chosen by secret ballot for the purposes of collective bargaining by a majority of the votes cast or certified by the board pursuant to subdivision (g)(4) of this section shall be the exclusive representative of all the employees in such the unit for a minimum of one year.  Such The representative shall be eligible for reelection or recertification pursuant to subdivision (g)(4) of this section.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us