PODS santo McNEIL LEDDY & SHEAHAN rc saison citen Joreph Fara colin Meh Hedin .oye! March 21, 2016 Andrew Bole Michael Ley “Ava keratin ok 902.863.4531 F 802.863.1743, 271 South Union Street Burlington, VT 05401 www.meneitvt.com HAND DELIVERED ‘Timothy J. Noonan, Executive Director ‘Vermont Labor Relations Board 13 Baldwin Street Montpelier, VT 05602 Re: Last Best Offers of State of Vermont — State of Vermont and Vermont State Employees’ Association In accordance with 3 V.S.A. Ch. 27, Sec. 925(i), this is to advise that a collective bargaining dispute remains in effect between the State of Vermont (State) and the Corrections, Supervisory and Non-Management Units of the Vermont State Employees’ Association (VSEA). Consequently, the State hereby submits under seal its last best offer with regard to the issues at impasse between the parties which the State wishes to advance to the Board for its determination. With regard to Duration, both parties propose a two year agreement. With regard to Salaries/Wages, the State proposes that the new additional money ‘expenditure, for all employees except State Police Lieutenants, in the first year of the agreement be atotal of 2.7%. 1.7% of this total represents the historic and continuing cost of continuing the step advancement system currently in place for covered employees. 1% of this total should be expended on an across the board basis. For State Police Lieutenants, who have a different Step Plan, a .5% actoss the board increase in the first year of the agreement. For the second year of the agreement, the State proposes that the additional new money expenditure, for all employees except State Police Lieutenants, be a total of 2.95%. 1.7% of this total shall be for the continuation of the step advancement system. 1.25% of this total should be expended on an across the board basis. For State Police Lieutenants, who have a different Step Plan, a .5% across the board increase in the first year of the agreement. For the Non-Management Unit, the State would agree to increase the weekend shift differential (Article 25, Sec. 6) by $0.10 per hour to correspond to the differential previously agreed to for the Corrections and Supervisory Units.‘Timothy J. Noonan, Executive Director ‘Vermont Labor Relations Board March 21, 2016 Page 2 For all Units, the State proposes to amend Article 15 relating to the grievance procedure to provide that settlements reached at Step 1 shall be non-precedent setting and inadmissible in any legal or administrative proceeding except to enforce the settlement reached. For all Units, the State proposes to amend the agreement (Article 21 for Corrections, Article 77 for Supervisory and Article 76 for Non-Management) to permit background checks of ‘existing employees as may be required by federal or state law. The State would be willing in this ‘context to bargain with VSEA upon request concerning any impact caused by the necessity of such a background check. ‘The State proposes that Article 12, Sec. 2 of the agreements for all Units be amended to provide that the State may utilize individual rating factors as a part of an overall narrative in evaluating covered employees. ‘The State opposes the implementation of any last best offer submitted by VSEA in addition to or in a greater amount than referenced in this submission. Attached to this submission is the precise language that the State requests to be incorporated in the agreements corresponding to the positions above-referenced. By agreement of the parties, the Factfinder’s Report and the post factfinding hearing ‘memoranda of both the State and VSEA will also be submitted. The State requests that the Board also permit the submission of additional information, This submission can occur either through affidavit or in connection with live testimony at a hearing ordered by the Board. By way of illustration, the State believes it must submit sufficient costing information to allow the Board to choose between the competing last best offers of the parties, or the Factfinder's Report under 3 V.S.A., Sec. 925()), with a full understanding of the cost implications of each proposal and the cost of issues previously settled during bargaining or inherent in the continuation of the agreement. This understanding is also critical to the Legislature's ability to meet its statutory responsibility to provide an appropriation in accordance with 3 V.S.A., Sec. 982(d). While the State and VSEA have discussed possible approaches to providing this information, no final agreement has yet been reached. Once all appropriate information has been placed before the Board, the parties have agreed to request opportunity for oral argument concerning their last best offers before the Board. If, following such oral argument, the Board believes it necessary or helpful to receive additional written submissions or materials from the parties before making its determination, the State will certainly comply with any such request. The State trusts that this submission is properly compliant with the obligations set forth in the statute relating to last best offers. It will of course participate in any pre-hearing conference scheduled by the Board or yourself as Executive Director.Timothy J. Noonan, Executive Director ‘Vermont Labor Relations Board March 21, 2016 Page 3 Very truly yours, STATE OF VERMONT JEM/vmg Attachments 400030737 LBOMNoonan 321-16 ct Maribeth Spellman, Commissioner of Human Resources Colin K. McNeil, Esq.