Vermont state employees’ union files labor complaint over Gov. Phil Scott’s return-to-office plan — and sues
State employees enter the state office complex in Waterbury as the Vermont State Employees Association opposes Gov. Phil Scott’s return to work mandate on Oct. 23, 2025. Photo by Glenn Russell/VTDigger
The union representing Vermont state employees is turning to two legal venues to challenge Gov. Phil Scott’s order that many of its members return to the office in person.
On Nov. 10, the Vermont State Employees’ Association filed a charge with the state’s Labor Relations Board alleging the Scott administration skirted a union demand to enter formal bargaining over the return-to-work plan, in violation of labor protection laws. The plan will require many employees to come into the office at least three days a week.
The union also filed a separate grievance with the Labor Relations Board arguing that parts of the plan violated the collective bargaining agreement it has in place with the state.
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Then, on Nov. 12, the union filed a lawsuit in Washington County Superior civil court asking a judge to bar the Scott administration from implementing its workplace plan — set to take effect Dec. 1 — until the labor board adjudicates the union’s complaints.
The union wrote in its lawsuit that “neither the unfair labor practice charge nor the grievance is capable of being decided” by the labor board before Dec. 1. The suit seeks a temporary restraining order or a preliminary injunction that allows state employees to continue working remotely.
Steve Howard, the union’s executive director, said in an interview Wednesday that he hoped the suit would at least slow the implementation of the governor’s directive. He said he thought a hearing could be held on the lawsuit as soon as next week.
The legal challenges mark a significant escalation in the monthslong fight between the union and the administration over the plan to have state workers, with some exceptions, return to the office. The union contends that the hybrid work mandate will cause experienced employees to quit, decreasing the quality of state departments’ work.
At the same time, administration officials say that the order will improve government services by boosting collaboration and helping to preserve institutional knowledge. They’ve argued Vermonters want government workers to be present in-person.
In a statement Thursday, Amanda Wheeler, a spokesperson for the governor’s office, said the union’s legal challenges had no impact on Scott’s support for the plan.
“The Administration’s decision to implement this standard is well within our authority,” Wheeler wrote. “The Governor’s position on returning to a hybrid work standard has not changed, he continues to believe human connection is an important part of employee engagement, as well as team building and learning from each other.”
According to court filings, after the administration formally announced its return-to-work plans in late August, it wrote to the union in September requesting a meeting to discuss the plans and hear the union’s concerns. In that letter, which is attached to the lawsuit, John Berard, the state’s director of labor relations, said the plan did not need to be the subject of formal bargaining. That’s because the planned hybrid work requirement was permissible under an existing teleworking policy for state employees, he said.
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But the union doesn’t see it that way. In court filings, the union contends state leaders agreed to remote working arrangements for their employees, starting at the outset of the Covid-19 pandemic, that did not fall under the stipulations of the teleworking policy. Those arrangements “have become an established condition of employment which the State is not free to change” without entering formal bargaining, the union wrote in an Oct. 24 letter to the state. It demanded, in that letter, that bargaining take place.
Berard then wrote the union back Nov. 10 saying the state’s position had remained unchanged, according to court filings. That’s the same day the union filed its challenges with the state Labor Relations Board.
The legal challenges are set to play out as the state has expanded its workspace ahead of the planned return to office for many employees. On Monday, it signed leases for three new office spaces in the privately owned Pilgrim Park complex in Waterbury, which records show would be used by workers at the state Agency of Human Services.
That agency has been facing a shortage of office space at the nearby Waterbury State Office Complex, where much of its operations are based. The shortage could delay the restart of in-person work for some employees past Dec. 1, officials said previously.
The state is set to pay about $2.3 million to lease the new office space over the next five years, according to the leases.
