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Vermont Union Challenges Gov. Scott with Labor Complaint and Lawsuit

The Vermont State Employees Association (VSEA) has initiated legal actions against Governor Phil Scott’s mandate for state workers to return to in-person work. This mandate will require most employees to work at the office at least three days a week from December 1, 2025.

Details of the Labor Complaint and Lawsuit

On November 10, the VSEA filed a charge with Vermont’s Labor Relations Board. The union alleges that the Scott administration violated labor protection laws by failing to engage in formal negotiations regarding the return-to-work plan. Additionally, the union has submitted a grievance asserting that aspects of this plan breach the existing collective bargaining agreement.

Just two days later, on November 12, the VSEA escalated its actions by filing a lawsuit in Washington County Superior Court. The union seeks a court order to prevent the Scott administration from enforcing the plan until the Labor Board resolves their complaints. The lawsuit highlights concerns that the case cannot be decided before the December 1 deadline.

Union’s Concerns and Administration’s Defense

Steve Howard, executive director of the VSEA, expressed hope that the lawsuit will slow the implementation of the new directive. He anticipates that a hearing on the matter could happen shortly thereafter. The union believes that the mandated hybrid work model could lead to the resignation of experienced employees, which would diminish the quality of state services.

Conversely, administration officials argue that the return-to-office plan will enhance government services by fostering collaboration and preserving institutional knowledge. They maintain that Vermonters expect state workers to perform their duties in person. Amanda Wheeler, a spokesperson for the governor, remarked that the legal challenges will not alter Governor Scott’s commitment to the hybrid work standard, emphasizing the value of in-person engagement among employees.

Background and Previous Agreements

The return-to-work initiative was formally announced in late August 2025. In September, the administration reached out to the VSEA to discuss the plans. John Berard, the state’s labor relations director, indicated that formal bargaining was unnecessary since the hybrid work requirement aligned with an existing teleworking policy.

However, the VSEA contests this perspective. According to court documents, the union argues that remote work arrangements established during the COVID-19 pandemic have become an integral part of employment conditions. They assert that such changes to these arrangements necessitate formal negotiations.

Logistical Developments

As these legal challenges unfold, the state is preparing for the planned office return by leasing new office spaces. Recently, the administration signed leases for three locations in the Pilgrim Park complex in Waterbury, aimed at accommodating staff from the Agency of Human Services. This agency has previously experienced office space shortages at the Waterbury State Office Complex.

The state plans to invest approximately $2.3 million on these leases over the next five years, aiming to ensure an adequate workspace for employees as they transition back to in-person work. This strategic move may also contribute to delays in the return of some employees beyond the December 1 deadline, according to state officials.

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