US Lawyer Database

§ 383. Suits by and against labor organizations

(a) Suits for violation of contracts between a public employer and an exclusive representative, or between labor organizations, may be brought in any court of this Territory having jurisdiction of the parties, including the Federal District Court, without respect to the amount in controversy or without regard to the citizenship of the parties. (b) Any […]

§ 374. Negotiations, scope and limitations

(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 […]

§ 375. Strikes, limitations and rights, procedures

(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 […]

§ 376. Impasse procedure, mediation and arbitration

(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 […]

§ 377. Office of Collective Bargaining, creation, scope

(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 […]

§ 378. Unfair labor practices

(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 […]

§ 379. PERB review of alleged violations

(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 […]

§ 379a. Relief from final orders of the PERB

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.

§ 380. Judicial review of final orders of the PERB

(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 […]

§ 381. Penalties

(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 […]