The Vermont Supreme Court ruled unanimously on Friday to uphold Gov. Phil Scott’s administration directive requiring state employees to return to in-person work. The decision overturns an April 1 ruling by the Vermont Labor Relations Board, which had ordered the state to rescind its partial return-to-office mandate and reimburse workers for various costs associated with in-person work.
Vermont Supreme Court Reverses Labor Board Decision
The state’s highest court determined that Gov. Phil Scott acted reasonably when establishing operating needs for state agencies. Friday’s order explicitly stated that the evaluation of executive branch operations belongs to the administration rather than the judiciary, noting that it is not up to the court to assess the wisdom of that decision. The ruling effectively ends a months-long legal battle sparked when the Vermont Labor Relations Board sided with union complaints.
Last August, the Scott administration announced that state employees must report to physical worksites at least three days per week. Governor Scott argued that in-office schedules foster better collaboration among workers and ensure state government remains accessible to the public. Many state employees shifted to remote schedules during the COVID-19 pandemic.
Union Opposition and Legal Arguments
Representatives for the Vermont State Employees’ Association opposed the mandate, maintaining that the policy placed undue burdens on staff members. Union leaders also argued that the administration failed to bargain in good faith regarding the return-to-office changes. Following the labor board’s April decision requiring the state to rescind the mandate and repay staff costs, Governor Scott appealed directly to the Vermont Supreme Court, criticizing the labor board’s initial assessment before the court heard oral arguments in June.
With the unanimous ruling from the state Supreme Court, the administration’s three-day in-office requirement for state employees remains fully in effect.