VSEA learned today that the Vermont Labor Relations Board (VLRB) ruled to overturn an employee’s termination, saying the State violated the collective bargaining agreement by delaying any action on the employee’s discipline for almost a year. The VLRB adds that the State’s delay is evidence that the discipline imposed was initially too harsh.
VSEA General Counsel Tim Belcher says this case was especially egregious because the employee did not even learn s/he was being investigated–nor was s/he put on temporary relief of duty–until unexpectedly receiving a Loudermill letter. Belcher also applauded and thanked past VSEA Associate General Counsel Justin St. James for his work on the case, prior to leaving VSEA.
Great job VSEA Legal Team!
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From The Times Argus:
MONTPELIER — A bill that offers enhanced penalties for assaulting mandated reporters and criminalizes the act of making a threat cleared a key legislative committee Wednesday.
By a vote of 4 to 1, the Senate Judiciary Committee gave its go ahead to a proposed law that would offer stiffer penalties for assaulting a worker with the Department for Children and Families or anyone who is required to report suspected child abuse.
The bill comes in response to the 2015 shooting death of DCF worker Lara Sobel, who was killed outside her office in downtown Barre in August, and is one of several recent initiatives to protect workers who sometimes find themselves in the middle of contentious domestic situations.
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Citation Would Have Required “Reasonable Timetable” For Remedy. VSEA issued the following this morning:
Vermont State Employees’ Association (VSEA) leaders and members are questioning VOSHA’s decision early this week to issue just a warning letter to DCF and not a formal citation, after completing an extensive review of Department for Children and Families’ (DCF) worker and workplace safety protocols in the wake of Lara Sobel’s murder.
VSEA says if a citation had been issued, in addition to levying fines, VOSHA, by statute [21 VSA§225 (a)], would be required to “fix a reasonable time for the abatement of the violation.” But the only timeline mentioned in VOSHA’s warning letter is a reminder to DCF that “VOSHA may return to your work site in approximately one year to further examine the conditions noted above.” In its letter, VOSHA also recommends that “the State voluntarily take the necessary steps to eliminate or materially reduce your employees’ exposure to the risk factors stated.”
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