§ 1042 - Enforcement - Vermont Statutes

§ 1042. Enforcement

(a) Orders of the board issued under this chapter may be enforced by any party or by the board by filing a petition with the Washington superior court or the superior court in the county in which the action before the board originated. The petition shall be served on the adverse party pursuant to the Vermont Rules of Civil Procedure. If, after hearing, the court determines that the board had jurisdiction over the matter and that a timely appeal was not filed, or that an appeal was timely filed and a stay of the board order or any part of it was not granted, or that a board order was affirmed on appeal in pertinent part by the supreme court, the court shall incorporate the order of the board as a judgment of the court. There is no appeal from that judgment except that a judgment reversing a board decision on jurisdictional grounds may be appealed to the supreme court.

(b) Upon filing of a petition by a party or the board, the court may grant temporary relief that the court deems proper pending formal hearing.

(c) Orders and decisions of the board shall apply only to the particular case under appeal, but appeals presenting similar issues may be consolidated for hearing with the consent of the board. All employees who are aggrieved by the same action of the employer may join in an appeal with the consent of the board. The board shall not modify, add to, or detract from a collective bargaining agreement by any order or decision.

(d) An arbitration award issued pursuant to this chapter, including grievance arbitration and labor interest arbitration awards, may be enforced by any party by filing a petition with the Washington superior court or the superior court in the county in which the action originated. The petition shall be served on the adverse party pursuant to the Vermont Rules of Civil Procedure. If, after hearing, the court determines that the arbitrator had jurisdiction over the matter and that an application for modification or petition to vacate an award was not filed, the court shall incorporate the order of the board as a judgment of the court. There is no appeal from that judgment except that a judgment reversing an arbitration award on jurisdictional grounds may be appealed to the supreme court. (Added 1997, No. 92 (Adj. Sess.), § 9.)