Legal Opinion · Dissent

Grievance of Roy

Supreme Court of Vermont

Decided October 24, 1986No. 82-518Published

1DissentGibson, J.

I must dissent. This Court has held that statutes giving the right of appeal are remedial in nature and, as such, are entitled to liberal construction to further, rather than restrict, the right of review. In re Estate of Pringle, 119 Vt. 8, 9, 117 A.2d 379, 380 (1955); In re Maurice, 117 Vt. 264, 268, 90 A.2d 440, 443 (1952). Administrative rules, having “the force of law,” 3 V.S.A. § 845(a), must be accorded similar treatment.

The rules of practice of the Labor Relations Board provide that a grievant may have thirty days within which to take an appeal. By failing to provide for occasions…

2Cases cited8 opinions

  1. Anna M. Johnson v. Arthur S. Flemming, Secretary of the Department of Health, Education and WelfareCourt of Appeals for the Tenth Circuit · 1959
  2. Simon v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1949
  3. Ball Stores, Inc. v. State Board of Tax CommissionersIndiana Supreme Court · 1974
  4. Appeal of MauriceSupreme Court of Vermont · 1952
  5. White v. AverySupreme Court of Arkansas · 1956

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