Vermont Statutes Title 3 Sec. 1030
Terms Used In Vermont Statutes Title 3 Sec. 1030
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Board: means the State Labor Relations Board established pursuant to section 921 of this title. See
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Complaint: means an informal expression made by the employees or a group of employees to the immediate supervisor about dissatisfaction with any aspect of employment or working conditions under a collective bargaining agreement. See
- Employee: means any individual employed and compensated on a permanent or limited status basis by the Judiciary Department, including permanent part-time employees and any individual whose employment has ceased as a consequence of, or in connection with, any current labor dispute or because of an unfair labor practice. See
- Employee organization: means an organization of any kind in which employees participate and that exists for the purpose of representing its members, if certified by the Board as an exclusive representative for the purposes of collective bargaining. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Person: means an individual, the State of Vermont, an employee organization, partnership, corporation, a legal representative, trustee, or any other natural or legal entity whatsoever. See
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
§ 1030. Prevention of unfair practices
(a) The Board may prevent any person from engaging in any unfair labor practice prohibited under this chapter. Whenever a charge is made that any person has engaged in or is engaging in any unfair labor practice, the Board may issue and cause to be served upon that person a complaint stating the charges and containing a notice of hearing before the Board at a place and time that is at least seven days after the complaint is served. No complaint shall issue based on any unfair labor practice occurring more than six months prior to the filing of the charge with the Board and service of a copy on the person against whom the charge is made, unless the person aggrieved was prevented from filing the charge by reason of service in the U.S. Armed Forces, in which event the six-month period shall be computed from the day of discharge.
(b) The person complained against may file an answer to the complaint and appear and present evidence. The Board may permit any other person to intervene and present evidence in the matter. A proceeding under this section shall, so far as practicable, be conducted in accordance with Rules of Evidence. The Board shall make a transcript of the hearing in the event the decision of the Board is appealed.
(c) The Board may administer oaths, take testimony, subpoena witnesses, and demand production of documents. Officers who serve subpoenas issued by the Board and witnesses attending hearings shall be paid fees and compensation on vouchers of the Board at the same rates as officers and witnesses in causes before a Criminal Division of the Superior Court.
(d) If the Board finds, based on a preponderance of the evidence, that any person named in the complaint has engaged in or is engaging in any unfair labor practice, the Board shall issue an order and findings of fact, and cause to be served on that person an order requiring the person to cease and desist from the unfair labor practice and the Board shall take such affirmative action necessary to carry out the policies of this chapter. If the Board does not find that the person has engaged in any unfair labor practice, the Board shall issue written findings of fact and dismiss the complaint.
(e) In determining whether a complaint shall issue alleging a violation of subdivision 1026(1) or (2) of this title, and in deciding those cases, the same rules of the Board shall apply whether or not an employee organization is affiliated with a national or international employee organization.
(f) The Board shall not order reinstatement of any individual who has been suspended or discharged or award any back pay, if the individual was suspended or discharged for cause. (Added 1997, No. 92 (Adj. Sess.), § 9; amended 2009, No. 154 (Adj. Sess.), § 238.)