By VDC staff

The Vermont Supreme Court has ruled that the Scott administration did not commit an unfair labor practice when it required most state employees to work in the office at least three days a week.

In a decision issued Friday, September 25 in Vermont State Employees’ Association v. State of Vermont, the high court reversed a Vermont Labor Relations Board ruling that found the state’s 2025 Hybrid Work Standard improperly changed a negotiated telework policy without bargaining with the Vermont State Employees’ Association.

The dispute arose after the administration announced in 2025 that Executive Branch employees generally would have to work in person at least three days each week beginning Dec. 1, 2025. Previous telework agreements were rescinded and employees seeking remote work had to submit new requests.

VSEA argued the three-day requirement changed the negotiated telework arrangement and therefore had to be bargained. The Labor Relations Board agreed.

The Supreme Court reversed, concluding that the existing Telework Policy already gave the state broad discretion over telework. The policy stated that telework was voluntary, subject to the appointing authority’s approval and could be terminated by the employer at any time, with or without cause.

The Court therefore concluded that the Hybrid Work Standard was consistent with authority the state already possessed under the negotiated policy.