Vermont labor board does not halt order mandating end to state’s office return policy

The state indicated that if the board's decision was unfavorable, it would return to the Supreme Court for further action.

The Vermont Labor Relations Board announced its decision on Friday to reject the state’s request to pause an earlier mandate that requires Governor Phil Scott's administration to eliminate its policy compelling state employees to return to physical offices. 

Earlier in April, the board had instructed the state to abolish a policy implemented the previous year that necessitated employees to report to their offices three days per week. This directive arose from complaints brought to the board by the Vermont State Employees' Association in November, following a period where many employees transitioned to remote work due to the Covid-19 pandemic.

While denying most elements of the state’s request, the board did agree to temporarily pause a requirement for reimbursement concerning employees who experienced financial setbacks due to the return-to-office directive. There was no challenge from union representatives regarding this specific piece.

In the state’s appeal for a pause, officials cited the potential for “irreparable harm” linked to the substantial costs that would arise from the board's order. They pointed out that preparations for a larger workforce in physical offices included leasing costly office space, suggesting that reimbursement for employees could add further financial strain.

Administration representatives emphasized that the order was riddled with ambiguity and complicated provisions, which they argued had created confusion among various administrative staff members. However, the board strongly rejected this premise, stating that questions from the state did not constitute irreparable harm. The board also highlighted that the financial disruptions would stem from actions taken by the state.

In response to the overall response to the order, union officials expressed that Friday's ruling represented a victory. The union’s executive director noted that the governor’s office return policy undermined flexible work arrangements which had proven advantageous for both the public and the union members.

Scott's spokesperson communicated that the administration is currently assessing the board's ruling, mentioning that they had filed for a stay nearly four weeks ago. She also acknowledged the Vermont Supreme Court's promptness in expediting the appeal process.

Last month, the high court declined to entertain a previous request from the state aimed at pausing the board's decision, directing the administration to seek resolution through the labor board first. The state indicated that if the board's decision was unfavorable, it would return to the Supreme Court for further action.