Local 2787, AFSCME v. City of Montpelier

Because I cannot agree with the majority’s inequitable application of the law of waiver, I must respectfully dissent. I find it both unjust and confounding that, on the one hand, the city has preserved its right to bargain despite having committed three separate violations of the collective bargaining agreement; while, on the other hand, the union has waived its right to bargain solely because it insisted that the agreement be enforced.

The majority today affirms the decision of the Vermont Labor Relations Board, which allowed the City of Montpelier unilaterally to implement a payroll…