Vermont Statutes Title 3 Sec. 1036
Terms Used In Vermont Statutes Title 3 Sec. 1036
- Agreement: means a written agreement resulting from collective bargaining negotiation and covers the terms, tenure, and conditions of employment. See
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Board: means the State Labor Relations Board established pursuant to section 921 of this title. See
- Collective bargaining: means the process of negotiating terms, tenure, or conditions of employment between the Judiciary Department and representatives of the employees with the intent to arrive at a written agreement. See
- Employer: means the Judiciary Department, represented by the Supreme Court or the Supreme Court's designee. See
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Representative: means an individual or employee organization certified by the Board to represent employees in collective bargaining or grievance proceedings. See
§ 1036. Agreements; limitations, renegotiation, and renewal
(a) A collective bargaining agreement shall be for a maximum term of two years. The agreement may not be canceled, supplemented, or renegotiated during the term of the agreement, unless both parties consent in writing and file the written consent with the Board.
(b) Nothing in this chapter shall be construed to require either party during collective bargaining to accede to any proposal or proposals of the other party.
(c) An agreement between the employer and the employees’ exclusive bargaining representative, after ratification or an agreement imposed on the parties pursuant to section 1018 or 1019 of this title shall be submitted to the Court Administrator who shall request sufficient funds from the General Assembly to implement the agreement. If the General Assembly appropriates sufficient funds, the agreement shall become effective at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly, and the agreement with the negotiated changes shall become effective at the beginning of the next fiscal year.
(d) No portion of any agreement shall become effective separately except with mutual consent of both parties.
(e) An agreement shall terminate at the expiration of its specified term. Upon request of either party, negotiations for a new agreement to take effect upon the expiration of the preceding agreement shall be commenced at any time during the year preceding the expiration date of the agreement. Negotiation may be commenced at any time before that time with the consent of both parties.
(f) In the event the employer and the employees’ exclusive bargaining representative are unable to arrive at an agreement and there is no existing agreement in effect, the Court Administrator, with the approval of the Supreme Court may make temporary rules necessary to ensure the uninterrupted and efficient conduct of judicial business. The rules shall terminate and have no further force and effect after an agreement is reached, except for rights that arose under those rules. (Added 1997, No. 92 (Adj. Sess.), § 9.)