In Re Grievance of Albert Brooks

Summary

The Supreme Court of Vermont reversed an order of the Vermont Labor Relations Board that had reinstated a discharged state employee. The Board had ordered reinstatement based on the State's failure to follow progressive discipline, without making an express finding on whether just cause existed for the dismissal. The court held that progressive discipline is not inherent in the concept of just cause, defined just cause under the collective bargaining agreement as requiring both objective reasonableness of the discharge and fair notice to the employee, and found as a matter of law that just cause existed for the grievant's dismissal. The court also held the Board erred in excluding evidence of prior altercations and exceeded its powers by ordering counselling and recommending transfer.