APPEAL TO VLRB. An employee aggrieved by an adverse decision of the Commissioner of Human Resources may have that decision reviewed by the Vermont Labor Relations Board on the basis of whether the decision was arbitrary and capricious in applying the point factor system utilized by the State to the facts established by the entire record. Any appeal to the Board shall be filed within thirty (30) days of receipt of the Commissioner’s decision, or the right to appeal shall be waived. The board shall not conduct a de novo hearing, but shall base its decision on the whole record of the proceeding before, and the decision of, the Commissioner of Human Resources (or designee). The VLRB’s authority hereunder shall be to review the decision(s) of the Commissioner of Human Resources, and nothing herein empowers the Board to substitute its own judgment regarding the proper classification or assignment of position(s) to a pay grade. If the VLRB determines that the decision of the Commissioner of Human Resources is arbitrary and capricious, it shall state the reasons for that finding and remand to the Commissioner for appropriate action. Upon remand, the Commissioner of Human Resources shall address those aspects of the original decision that the VLRB found to be arbitrary and capricious and thereafter shall issue a decision on the matter. This decision shall also be subject to review by the VLRB solely to determine whether this subsequent decision is arbitrary and capricious. The parties waive judicial review by the Vermont Supreme Court of any ruling of the VLRB that the decision by the Commissioner of Human Resources was, or was not, arbitrary and capricious. In the event that the Commissioner of Human Resources, upon remand, fails to address aspects of a classification decision which the Vermont Labor Relations Board has determined to be arbitrary and capricious, the sole avenue of relief for an employee shall be to petition the VLRB for enforcement of its order in the Superior Court, in accordance with Board rules and the Rules of Civil Procedure.
APPEAL TO VLRB. An employee aggrieved by an adv erse deci sion of t he C ommissioner of Human R esources may have that decision r eviewed by t he V ermont Labor R elations Board on t he basi s of w hether t he decision was arbitrary and ca pricious in appl ying t he poi nt f actor sy stem ut ilized by t he S xxxx t o t he facts established by the entire record. Any appeal to the Board shall be f iled within thirty (30) days of receipt of t he C ommissioner’s decision, or t he r ight t o appeal sh all be w aived. The board shall not conduct a de nov o hearing, but sh all base its decision on the whole record of the proceeding before, and t he deci sion of , t he C ommissioner of Human R esources (or desi gnee). T he V LRB’s authority hereunder shall be to review the decision(s) of the Commissioner of Human Resources, and nothing herein empowers the Board to substitute its own judgment regarding the proper classification or assignment of position(s) to a pay grade. If the VLRB determines that the decision of the Commissioner of Human R esources is arbitrary and capricious, it shall st ate t he r easons for t hat finding and r emand t o t he C ommissioner f or appr opriate act ion. Upon remand, the Commissioner of Human Resources shall address those aspects of the original decision that the VLRB found to be arbitrary and ca pricious and thereafter shall issue a deci sion on the matter. This decision shall also be subject t o r eview by t he V LRB so lely t o det ermine whether this subsequent decision is arbitrary and capricious. The parties waive judicial review by the Vermont Supreme Court of any ruling of the VLRB that the decision by the Commissioner of Human Resources was, or was not, arbitrary and capricious. In the event that the Commissioner of Human Resources, upon remand, fails to address aspects of a classification decision w hich t he V ermont Labor R elations Board has determined t o be ar bitrary and capricious, the sole avenue of relief for an em ployee shall be to petition the VLRB for enf orcement of its order in the Superior Court, in accordance with Board rules and the Rules of Civil Procedure.
