Vermont Statutes Title 33 Sec. 3612
Terms Used In Vermont Statutes Title 33 Sec. 3612
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Early care and education provider: means a licensed child care home provider, a registered child care home provider, or a legally exempt child care home provider, which is defined by the Legally Exempt Child Care Provider Requirements set forth by the Vermont Department for Children and Families, Child Development Division, who provides child care services as defined in subdivision 3511(4) of this title. See
- Exclusive representative: means the labor organization that has been elected or recognized and certified by the Board under this chapter and consequently has the exclusive right under section 3608 of this chapter to represent early care and education providers for the purpose of collective bargaining and the enforcement of any contract provisions. See
- gender identity: means an individual's actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual's gender or gender-identity, regardless of the individual's assigned sex at birth. See
- Grievance: means the exclusive representative's formal written complaint regarding an improper application of one or more terms of the collective bargaining agreement. See
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- sexual orientation: means female or male homosexuality, heterosexuality, or bisexuality. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
§ 3612. General duties and prohibited conduct
(a) The State and all early care and education providers and their representatives shall exert every reasonable effort to make and maintain agreements concerning matters allowable under this chapter and to settle all disputes, whether arising out of the application of those agreements or growing out of any disputes concerning those agreements. However, this obligation does not compel either party to agree to a proposal or make a concession.
(b) It shall be an unfair labor practice for the State to:
(1) interfere with, restrain, or coerce early care and education providers in the exercise of their rights under this chapter or by any other law, rule, or regulation;
(2) dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it;
(3) discriminate against an early care and education provider because of the provider’s affiliation with a labor organization or because a provider has filed charges or complaints or has given testimony under this chapter;
(4) discriminate against an early care and education provider because the provider has taken actions such as signing a petition, grievance, or affidavit that demonstrates the provider’s support for a labor organization;
(5) refuse to bargain collectively in good faith with the exclusive representative;
(6) discriminate against an early care and education provider based on race, color, religion, ancestry, age, sex, sexual orientation, gender identity, national origin, place of birth, or marital status, or against a qualified disabled individual; or
(7) request or require an early care and education provider to have an HIV-related blood test or discriminate against a provider on the basis of HIV status of the provider.
(c) It shall be an unfair labor practice for the exclusive representative to:
(1) Restrain or coerce early care and education providers in the exercise of the rights guaranteed to them under this chapter or by law, rule, or regulation. However, a labor organization may prescribe its own rules with respect to the acquisition or retention of membership, provided such rules are not discriminatory.
(2) Cause or attempt to cause the State to discriminate against an early care and education provider or to discriminate against a provider.
(3) Refuse to bargain collectively in good faith with the State.
(4) Threaten to or cause a provider to strike or curtail the provider’s services in recognition of a picket line of any employee or labor organization.
(d) Early care and education providers shall not strike or curtail their services for which they receive State payment in recognition of a picket line of any employee or labor organization.
(e) Complaints related to this section shall be made and resolved in accordance with procedures set forth in 3 V.S.A. § 965. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)