['Unions/Labor Relations']
['Unfair Labor Practices']
07/17/2024
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Summary of differences between federal and state regulations
Vermont has labor relations laws regarding unfair labor practices; however, they provide similar protections as those of the National Labor Relations Act and Labor-Management Reporting and Disclosure Act and do not apply where the NLRB has jurisdiction. The state’s Labor Relations Act covers private sector employers with five or more employees. The state law does not cover agricultural laborers, individuals employed by their parent or spouse, domestic service workers, independent contractors, those covered by the Railway Labor Act, or supervisors.
Under state law, professional employees can only be in a bargaining unit with non-professional employees if a majority of the professional employees vote for inclusion in such a unit.
Unfair labor practices
Under Vermont law, it is an unfair labor practice for an employer:
- To interfere with, restrain or coerce employees in the exercise of their collective bargaining rights.
- To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it; provided that an employer shall not be prohibited from permitting employees to confer with the employer during working hours without loss of time or pay.
- Discriminate in regard to hire and tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization.
- To discharge or otherwise discriminate against an employee because the employee has filed charges or given testimony related to union rights.
- To refuse to bargain collectively with the representatives of the employees.
- To solicit persons to replace employees, or fill positions made vacant as the result of a strike, lockout or other labor dispute, by means of newspaper advertisement, posters, oral or written communications, or otherwise, unless the solicitations state plainly and specifically that a strike, lockout or other labor dispute exists.
Discussion of pay or wages
Effective July 1, 2005, Vermont specifically prohibits, in Sec. 1. 21 V.S.A. §495(a)(8), an employer from:
- Requiring, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages.
- Requiring an employee to sign a waiver or other document that purports to deny the employee the right to disclose the amount of his or her wages.
- Discharging, formally disciplining, or otherwise discriminating against an employee who discloses the amount of his or her wages.
Right to work
The state has no right to work law.
Public employees
Vermont has specific labor relations and collective bargaining laws for certain public employees, including state and municipal workers and teachers.
State
Contacts
National Labor Relations Board (Region 1)
Regulations
Vermont State Labor Relations Act, Title 21, Chapter 19, Subchapters 1 – 4, §1501 et seq.
Vermont Municipal Labor Relation Act, Title 21 §1721 et seq.
Labor Relations for Teachers, Title 16 §1981 et seq.
State Employees Labor Relations Act, Title 3 §901 et seq.
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