The Vermont Labor Relations Board has mandated that Governor Phil Scott's administration retract a contentious policy requiring state employees to return to their physical offices three days a week. This ruling, announced on Wednesday, highlights the Board's determination that the state has failed to engage in good faith negotiations, thus infringing on the rights of employees regarding their working conditions.
Governor Scott expressed disappointment at the Board's decision, which he claimed was not unexpected, at his weekly press conference. He articulated concerns that the Board's composition leans heavily toward labor interests, despite being appointed by him. Scott alluded to constraints placed upon him by statutory guidelines regarding the selection of Board members, which he argued limited his ability to choose diverse representatives.
In response to the ruling, the Scott administration has already initiated an appeal to the Vermont Supreme Court. The Vermont State Employees' Association heralded the decision as a "stunning victory" for the rights of state employees, emphasizing the importance of collective bargaining. Steve Howard, the executive director of the employees’ union, underscored that the governor does not possess unilateral authority over employment conditions, prompting the need for good faith negotiations.
The controversy began in August when Scott's administration announced that starting in December, all state employees, many of whom had been working from home since the COVID-19 pandemic, would be required to report to their designated offices a minimum of three days a week. This directive affected even those employees working remotely from outside Vermont, raising concerns about office space availability in specific agencies. A survey conducted last fall revealed that over 3,000 of the approximately 8,000 state employees were already working remotely at least three days a week.
The return-to-office mandate faced significant backlash from the state employees' union, which brought the matter before the Labor Relations Board in November. Proponents of the policy, including administration leaders, argued that returning to in-person work would enhance collaboration among state employees and improve access to state services for Vermonters. Secretary of Administration Sarah Clark reiterated these points during the governor’s press conference, asserting that the policy would facilitate better service delivery to the public.
The labor board's order also stipulated that the state is obligated to offer reemployment to former employees who resigned due to the return-to-office requirement, as well as to reimburse affected workers for any financial losses incurring from the policy. Governor Scott cautioned that these reimbursement obligations could lead to Vermont taxpayers covering the costs of added commuting expenses and childcare for state employees. Nevertheless, he expressed confidence that his administration would successfully obtain a stay on the Board's order while the appeal proceeds.
Union leader Steve Howard highlighted the need for the reimbursement provisions to be as extensive as possible, acknowledging uncertainty regarding the number of former employees who might opt to return if given the opportunity. He referred to multiple union members who had quit specifically because of the return-to-office mandate. Howard called on the governor to address the ramifications of the situation he created.
Data from December showed the number of state employees remaining relatively stable, even as the return-to-office policy was implemented. The union previously sought a preliminary injunction against the mandate but was unsuccessful in Washington County Superior Court. Howard remains optimistic that the Supreme Court will uphold the Labor Relations Board's decision, expressing confidence in the validity of their case.
