Vermont state employees have secured the right to work remotely following a ruling by the state’s Labor Relations Board, reversing a policy implemented last year that mandated a minimum of three days per week in the office. The decision, handed down Wednesday, marks a significant win for the Vermont State Employees Association (VSEA) and sets the stage for a potential appeal by the Scott administration.
The dispute centers around Governor Phil Scott’s directive in 2023 requiring most state employees to return to in-person work by December of that year. This policy aimed to restore what the administration considered essential levels of collaboration and service delivery. However, the VSEA argued that the return-to-office mandate was a change to working conditions that should have been subject to collective bargaining.
The Vermont Labor Relations Board (VLRB) agreed with the union, concluding that “telework is a mandatory subject of bargaining under the State Employees Labor Relations Act, and unilateral imposition although under a duty to bargain is a per se violation.” The full opinion, detailing the board’s reasoning, is available for review here.
Union Challenges Return-to-Office Policy
The VSEA had previously sought a preliminary injunction to halt the implementation of the governor’s return-to-office order in November, but that petition was denied by a judge. Despite this setback, the union continued to pursue the case before the VLRB, arguing that the state’s decision to move away from a case-by-case assessment of telework arrangements was a violation of its collective bargaining rights. The union maintained that a flexible approach to remote work was beneficial for both employees and the public.
The state had already taken steps to prepare for the increased in-office presence, signing a contract to lease additional office space in Waterbury. The financial implications of this lease, and whether it will now be revisited in light of the VLRB’s decision, remain unclear.
Administration Plans Appeal
The Scott administration has expressed strong disagreement with the VLRB’s ruling and announced plans to appeal the decision. In a statement released Wednesday, the administration characterized the board’s opinion as “flawed” and “biased,” arguing it sets a “dangerous precedent” for future governors. The statement further claimed the decision could negatively impact services for Vermonters and state operations.
“Given the harm to Vermonters and our operations, and the extremely dangerous precedent this decision sets for future governors, we will appeal this flawed, biased decision made by a non-judicial Board outside the court of law,” the statement read.
What’s Next for Vermont State Employees?
The immediate impact of the VLRB’s ruling is that state employees will likely revert to the previous telework policy, which allowed for decisions to be made on a case-by-case basis. However, this is contingent on the outcome of the administration’s appeal. The appeal process could take several months, during which the current policy could be subject to further legal challenges.
The long-term implications of this case extend beyond Vermont. The debate over remote work and the rights of public sector unions is playing out across the country, and this decision could influence similar cases in other states. The question of how to balance the benefits of remote work – including increased employee satisfaction and reduced commuting costs – with the perceived need for in-person collaboration remains a central challenge for governments and employers alike.
As the Scott administration prepares its appeal, the VSEA is likely to continue advocating for a flexible and employee-centered approach to telework. The coming months will be crucial in determining the future of remote work for Vermont state employees and potentially setting a precedent for other public sector workplaces.
What are your thoughts on the balance between remote work and in-office collaboration? Share your perspective in the comments below.
