It is the purpose of this chapter to provide for orderly and constructive relationships between public employers and their employees. The Legislature finds and declares that the Government of the Virgin Islands shall fully accept the principle and procedure of collective bargaining and shall bargain in good faith with valid public employee organizations, subject, however, […]
As used in this chapter the following words shall have the following meanings unless the text clearly requires otherwise: (a) “agreement” means a contract or other written instrument setting forth mutual promises between the public employer and an exclusive representative which is final and binding; (b) “arbitration” means the procedure whereby a dispute is irrevocably […]
Subject to the provisions of this chapter, public employees shall have and do have the right to: (a) form, join, assist and participate in, or to refrain from forming, joining, assisting or participating in any labor organization of their choosing; (b) be represented by labor organizations and to engage in collective bargaining with the Government […]
(a) There is hereby created as a separate independent board of the Government of the Virgin Islands, a Public Employees Relations Board (PERB). The PERB shall be composed of five members recommended by the Governor and approved by the Legislature. Not less than two of the appointed members shall be residents of the District of […]
The Public Employees Relations Board shall have the following powers and duties: (a) to fairly and impartially administer the provisions of this chapter; (b) to certify an employee organization as the exclusive bargaining agent for an appropriate bargaining unit pursuant to the provisions of this chapter; (c) to decertify an employee organization as the exclusive […]
(a) All meetings of the PERB shall be open to the public unless four members shall vote, in open public meeting, to close the remainder of the meeting to the public for that day or part thereof. A new vote shall be taken in public on the day of each subsequent closing of the PERB […]
(a) Upon the request of a public employer, group of public employees, or labor organization, the PERB shall determine an appropriate bargaining unit of public employees by identifying the specific class or classes of employees or identifying positions the employees of which shall be members of a unit; Provided, That no member of any class […]
(a) Each bargaining unit, including the bargaining units organized and represented by a labor union on the date of enactment of the act creating this chapter, shall be classified as belonging to one of the following classes: CLASS I.Units consisting of employees who perform services in which work stoppage may be sustained for extended periods […]
(a) The PERB shall certify that a labor organization is the exclusive bargaining representative of an appropriate bargaining unit when, in an election held for that purpose, a majority of the members of a unit participating in such an election vote by secret ballot to be represented by such labor organization. The PERB shall issue […]
The labor organization certified by the PERB as the exclusive representative of an appropriate bargaining unit shall have rights and duties which include, but are not limited to: (a) exclusively act for and negotiate agreements with the public employer covering all employees in the bargaining unit whether or not all employees are members of the […]
(a) Rates of pay, hours, salaries, employee benefits, terms and conditions of employment and all matters relating thereto may be specifically negotiated in a collective bargaining proceeding between the public employer and the exclusive representative unless otherwise specifically restricted by law. (b) No contract or other instrument of agreement between the public employer and an […]
(a) Employees in Class I bargaining units, as determined by section 371 of this chapter, may strike as a lawful means of promoting their collective employee interests. Once a strike, sanctioned by the exclusive representative, commences, the bargaining unit or its exclusive representative may not elect to resolve the dispute, which is the subject of […]
(a) Whenever an impasse procedure is required by the provisions of this chapter, the following procedure shall be followed: (1) the parties shall submit to the PERB and to each other written statements clearly and concisely outlining the issues in dispute together with a certificate as to the good faith of the statements; (2) the […]
(a) The Office of the Collective Bargaining is established within the Office of the Governor, but shall function under the Division of Personnel for budgetary purposes only. The Office shall be supervised by a Chief Negotiator at the direction of the Governor. The Chief Negotiator shall be experienced in labor relations, and shall be appointed […]
(a) It is hereby expressly prohibited for any public employer or agent of a public employer willfully to: (1) interfere with, restrain, or coerce any employee in the exercise of any right guaranteed by this chapter; (2) dominate, interfere with, or assist in the formation, existence or administration of any employee organization; (3) discriminate through […]
(a) Any party aggrieved by the action of another, which action is believed to be a violation of this chapter, may complain of such violation in writing to the PERB and shall state in the complaint any relief sought. No fee shall be charged for the filing of any complaint. No complaint shall be considered […]
The PERB may correct clerical mistakes in final orders or other parts of the record and other errors therein in accordance with the applicable provisions of Federal Rule of Civil Procedure 60.
(a) Any party aggrieved by any final order of the PERB made pursuant to section 379 of this chapter, may appeal to the Superior Court of the Virgin Islands for review of such order and shall name the PERB as a party respondent. An application for review must be filed within 20 days after the […]
(a) Any person who willfully assaults, resists, prevents, impedes, or interferes, or willfully attempts to assault, resist, prevent, impede, or interfere with a mediator, arbitrator or member of the PERB or any of their agents or employees in the lawful performance of their duties pursuant to this chapter shall be fined not more than $5,000 […]
Monies collected by the courts or the PERB as fines for contempt or as penalties under the provisions of this chapter shall be deposited in the Treasury of the Virgin Islands or disbursed as the court or the PERB, whichever has levied the fine or penalty, finds equitable.
