The Vermont Labor Relations Board has ordered that Gov. Phil Scott鈥檚 administration 鈥渞escind鈥� a controversial requirement that state employees return to their physical offices three days per week.
The board, a non-judicial body that makes decisions on the labor grievances of state employees, said in its decision Wednesday that the state has 鈥渞efused to bargain in good faith and interfered with employees鈥� exercise of rights鈥� in requiring in-person work.
Scott called the decision 鈥渄isappointing, but not surprising鈥� in his weekly press conference Wednesday, and said the board鈥檚 membership is 鈥渨eighted towards labor.鈥�
While Scott appointed the board鈥檚 members himself, he told reporters that 鈥減arameters鈥� governing the body鈥檚 makeup had limited his choices, appearing to refer to the panel鈥檚 .
Earlier in the day, his office put out a statement lambasting the state labor relations board and its decision, calling the body 鈥渂roken.鈥�
The state has already filed a notice of appeal with the Vermont Supreme Court, officials said.
The Vermont State Employees鈥� Association, for its part, called the decision a 鈥渟tunning victory鈥� in a Wednesday email to members. The order, union leadership said in that email, protects 鈥渢he rights of our members to have a say in their conditions of employment.鈥�
鈥淭he governor is not a king,鈥� said Steve Howard, executive director of the employees鈥� union, in an interview Wednesday. 鈥淲hen you have a union, you have to collectively bargain in good faith.鈥�
Last August, officials in Scott鈥檚 administration 鈥� many of whom began working from home during the Covid-19 pandemic 鈥� that beginning in December all staff had to return to their designated offices at least three days per week. The mandate included employees , and raised in some agencies. A survey of state employees last fall indicated that more than 3,000 of the state鈥檚 roughly 8,000 staff worked from home three or more days per week.
The administration鈥檚 move sparked from the state employees鈥� union, representatives from which brought concerns about what they called 鈥渞eturn to commute鈥� to the Labor Relations Board in November.
When rolling out the policy, administration leaders said a return to in-person work would improve collaboration and make state government more accessible to Vermonters. Administration Secretary Sarah Clark made a similar argument Wednesday, saying at the governor鈥檚 press conference that continuing to push for the return-to-office requirement will help to 鈥渆nsure that state government is able to deliver services to Vermonters that they expect.鈥�
Wednesday鈥檚 labor board order required that the state offer to rehire former employees who left their jobs as a result of the in-person work requirements. The board said Scott鈥檚 administration will also need to 鈥渕ake all affected employees whole鈥� through reimbursement for 鈥渁ny monetary losses鈥� caused by the return-to-office policy.
Scott said the reimbursement requirement could mean Vermont taxpayers would be forced to cover costs for state employees鈥� extra commutes, and possibly for their child care. His team is confident the state will secure a stay on the labor board鈥檚 order to halt its effects while the administration appeals the decision, he said.
Howard, the union leader, said the limits of such reimbursement should be 鈥渁s broad as possible.鈥� He鈥檚 uncertain how many former employees might return to their government roles if given the chance, he added, but pointed to several members who testified to quitting as a direct result of the return-to-office mandate.
鈥淭he governor needs to clean up the mess that he created,鈥� he said.
December data showed state employee counts remaining , even as the governor鈥檚 mandate took effect.
The employees鈥� union previously against the return-to-office mandate in a lawsuit against the Scott administration late last year. But Howard said that decision had more to do with his team鈥檚 choice of venue 鈥� Washington County Superior Court 鈥� than with the content of the case.
鈥淚鈥檓 really confident that the Supreme Court will uphold the decision of the labor board,鈥� he said.
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