Vermont Supreme Court Rebuffs Untimely Raid of VSEA Bargaining Unit

On March 27, 2015, the Vermont Supreme Court upheld a Vermont Labor Relations Board decision rejecting an untimely election petition filed by the New England Police Benevolent Association (NEPBA) that sought to raid a portion of the statewide Non-Management Bargaining Unit represented by the Vermont State Employees Association (VSEA). The case was argued in the Supreme Court by Attorney Al Gordon O'Connell, and the Court adopted Attorney Gordon's rationales in its opinion.

The case arose in January 2014, when NEPBA filed an election petition during the term of the existing contract between VSEA and the State but well after the open period for filing petitions under the Labor Board's contract-bar rules. When the Board asked NEPBA to justify its untimely filing, that raiding union failed to explain why it was prevented from filing on time but rather tried to make arguments as to why the petition had merit. The Board then dismissed the petition since NEPBA hadn't stated any justification for its late filing.

On appeal, though the Vermont Supreme Court was not presented with a direct a challenge to the contract-bar doctrine itself, the Court echoed the importance of the doctrine in preventing the problem of employees waiting to see how bargaining turns out and then filing election petitions if they are unsatisfied with the agreement their elected representative negotiated on their behalf.