Vermont’s Proposition 3

With Election Day coming quickly, and early mail in ballots arriving mid-October, we are in the home stretch. Candidates are on the road seeking support and sharing their views; however, choosing your next elected officials will not be the only decision to make in this election. There is one very significant proposal on the ballot to alter Vermont’s state Constitution.

Proposition 3 Has Three Parts (for full text, click here): --FYI, need link to official state website

1. Prohibits any Vermont state or municipal laws in the future that would impede the ability of workers to form a union.
2. Prohibits any Vermont state or municipal law in the future that would impede the ability of a union to negotiate for terms, pay and working conditions.
3. Prohibits any Vermont state or municipal law in the future that would impede the ability of an employer to negotiate with a union about conditions of employment including a requirement that all employees join the union as a pre hire condition.

Here Is What Contractors Need to Know:

1. The right to form a union for organizations covered under the National Labor Relations Act (NLRA) already exists and contractors fall under this policy with few exceptions. The NLRA supersedes the Vermont Labor Relations Act (VLRA) and Vermont laws through the US Constitution’s Supremacy Clause.
2. The ability of a union to negotiate with an employer is already subject to NLRA rules.
3. The third clause about employers and unions deciding membership requirements already exists for contractors but not other industries. Section 8f of the NLRA specifically declares it acceptable for an employer to negotiate with a union and sign a security agreement requiring membership with a union should they choose without a majority vote of employees. This would be the pathway for a contractor who chooses to participate in a project labor agreement.

This policy is opposed by many in the business community as it’s unclear how this would impact Vermont workers. However, the initiative was voted through with tri-partisan support despite caution from testimony by ABC’s Matt Musgrave, Vermont Regional Director, and many others.

Experts predict the measure will likely be approved by voters because the language seems innocuous and non-threatening. When asked, most voters state they believe that it just gives the right to join a union (unaware that its already granted by the NLRA) and ignore the other two policies that may negatively impact them.

Proposition 3 had a lengthy process to get on the ballot, spanning two separate Sessions, so it’s okay if you haven’t heard of this until now. But it’s important you and other voters take notice as it’s coming in front of you for a vote in November. And since it’s a Constitutional Amendment set before the Voters, the Governor has no ability to amend or veto the measure.

What Does This Mean for Contractors?

Proposition 3 is unlikely to change the landscape or require additional changes to their employment policies. ABC NH/VT will continue to monitor the policy and work to ensure it does not impact the industry negatively. However, everyone’s scenario is different, and a contractor should contact their attorney and other support should a union organizing scenario begin in their organization.

Despite the low risk to contractors, it is still unclear what this could do to other industries.

Will this uncertainty impede voters and the legislature from coming to the defense of other industries, towns, workers or taxpayers dealing Prop. 3 outcomes? Probably. That’s why voting “NO” on Prop 3 is important.

If you have any questions please contact matt@abcnhvt.org.

Proposition 3 “Right to Collectively Bargain” (as passed by the Vermont legislature)-

“That employees have a right to organize or join a labor organization for the purpose of collectively bargaining with their employer through an exclusive representative of their choosing for the purpose of negotiating wages, hours, and working conditions and to protect their economic welfare and safety in the workplace. Therefore, no law shall be adopted that interferes with, negates, or diminishes the right of employees to collectively bargain with respect to wages, hours, and other terms and conditions of employment and workplace safety, or that prohibits the application or execution of an agreement between an employer and a labor organization representing the employer’s employees that requires membership in the labor organization as a condition of employment.”