Vermont S 264: An act relating to paid vacation leave

Bill Text

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VT LEG #385166 v.1
S.264 1
Introduced by Senators Ram Hinsdale and Vyhovsky 2
Referred to Committee on 3
Date: 4
Subject: Executive; State Employees Labor Relations Act; Assistant Attorneys 5
General 6
Statement of purpose of bill as introduced: This bill proposes to allow 7
Assistant Attorneys General to organize and bargain collectively. 8
An act relating to collective bargaining for Assistant Attorneys General 9
It is hereby enacted by the General Assembly of the State of Vermont: 10
Sec. 1. 3 V.S.A. § 902 is amended to read: 11
§ 902. DEFINITIONS 12
As used in this chapter: 13
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(2) “Collective bargaining” or “bargaining collectively” means the 15
process of negotiating terms, tenure, or conditions of employment between the 16
State of Vermont, the Vermont State Colleges, the University of Vermont, or 17
the Department of State’s Attorneys and Sheriffs, or the Office of the Attorney 18
General and representatives of employees with the intent to arrive at an 19
agreement that, when reached, shall be reduced to writing. 20

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VT LEG #385166 v.1
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(5) “State employee” means any individual employed on a permanent or 2
limited-status basis by the State of Vermont, the Vermont State Colleges, the 3
University of Vermont, the State’s Attorneys’ offices, the Office of the 4
Attorney General, or as a full-time deputy sheriff paid by the State pursuant to 5
24 V.S.A. § 290(b), including permanent part-time employees, and an 6
individual whose work has ceased as a consequence of, or in connection with, 7
any current labor dispute or because of any unfair labor practice, but excluding 8
an individual: 9
(A) exempt or excluded from the State classified service under the 10
provisions of section 311 of this title, except that the State Police in the 11
Department of Public Safety; employees of the Defender General, excluding 12
attorneys employed directly by the Defender General and attorneys contracted 13
to provide legal services; Assistant Attorneys General; deputy State’s 14
Attorneys; employees of State’s Attorneys’ offices; and full-time deputy 15
sheriffs paid by the State pursuant to 24 V.S.A. § 290(b) are included within 16
the meaning of “State employee”; 17
(B) employed in the Office of the Lieutenant Governor; 18
(C) employed as the legal assistant to the Attorney General 19
authorized by section 155 of this title; 20

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VT LEG #385166 v.1
(D) employed as a department or agency head or deputy officer not 1
included in section 311 of this title, head of an institution or as a division 2
director in the Agency of Administration, and similar positions in the Vermont 3
State Colleges or the University of Vermont; 4
(E) employed by any other person who is not an employer as defined 5
in subdivision (7) of this section; 6
(F) employed as a managerial employee; 7
(G) employed in the classified service as a private secretary within 8
the meaning of subdivision 311(a)(3) of this title; 9
(H) employed in the Department of Human Resources; 10
(I) employed in the Department of Finance and Management as a 11
budget and management analyst, a revenue research analyst, director of budget 12
and management operations, director of program formulation and evaluation, 13
and director of State information systems; 14
(J) determined after hearing by the Board, upon petition of any 15
individual desiring exclusion, of the employer, or of a collective bargaining 16
unit, to be in a position that is so inconsistent with the spirit and intent of this 17
chapter as to warrant exclusion; or 18
(K) employed as a confidential employee. 19
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(7)(A) “Employer” means the State of Vermont, excluding the 1
Legislative and Judiciary Departments, represented by the Governor or 2
designee, the Office of the Defender General represented by the Defender 3
General or designee, the Office of the Attorney General represented by the 4
Attorney General or designee, Vermont State Colleges represented by the 5
Chancellor or designee, and the University of Vermont represented by the 6
President or designee. 7
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(10) “Person” includes one or more individuals, the State of Vermont, 9
Vermont State Colleges, University of Vermont, Department of State’s 10
Attorneys and Sheriffs, the Office of the Attorney General, employee 11
organizations, labor organizations, partnerships, corporations, legal 12
representatives, trustees, or any other natural or legal entity whatsoever. 13
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Sec. 2. 3 V.S.A. § 905 is amended to read: 15
§ 905. MANAGEMENT RIGHTS 16
(a) The Governor or designee for the State of Vermont, the Chancellor or 17
designee for the Vermont State Colleges, the President or designee for the 18
University of Vermont, and the Executive Director or designee for the 19
Department of State’s Attorneys and Sheriffs, and the Attorney