The purpose of this chapter is to encourage the friendly adjustment of employer-employee disputes through the practice and procedure of collective bargaining, and to protect the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment […]
As used in this chapter— “Commissioner” means the Commissioner of Labor; “employee” includes any employee or any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, but does […]
(a) The Commissioner of Labor shall administer the provisions of this chapter. (b) The Commissioner, with the approval of the Governor, shall make, amend, and rescind such regulations as may be necessary to carry out the provisions of this chapter.
(a) Employees shall have the right of self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, free from interference, restraint, or coercion by employers. (b) [Repealed.] (c) [Repealed.] (d) […]
It shall be an unfair labor practice for an employer to— (1) spy upon or keep under surveillance, whether directly or through agents or any other person, any activities of employees or their representatives in the exercise of the rights set forth in section 64 of this title; (2) dominate or interfere with the formation […]
Representatives designated or selected for the purpose of collective bargaining by the majority of the employees in a unit appropriate for such purposes, shall be exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment. […]
(a) Whenever a question arises concerning the representation of employees, the Commissioner may investigate such controversy and certify to the parties, in writing, the name or names of the representatives that have been designated or selected. In any such investigation, the Commissioner shall provide for an appropriate hearing upon due notice, and shall take a […]
(a) The Commissioner is empowered to prevent any person from engaging in any unfair labor practice. (b) Whenever it is charged that any person has engaged in or is engaging in any unfair labor practice, the Commissioner may issue and cause to be served upon such person a complaint stating the charges in that respect, […]
The Commissioner may petition the Superior Court or the District Court of the Virgin Islands for the enforcement of such an order under section 68 of this title and for appropriate temporary relief or restraining order and shall certify and file in the court a transcript of the record in the proceedings, including the pleading […]
(a) Any person aggrieved by a final order of the Commissioner granting or denying in whole or in part the relief sought may obtain a review of such order by filing in the Superior Court or the District Court, within 30 days of its issuance, a written petition praying that such decision of the Commissioner […]
The commencement of proceedings under sections 69 and 70 of this title shall not operate as a stay of the Commissioner’s order, unless specifically ordered by the court.
Petitions filed under the provisions of this chapter shall be heard expeditiously and, if possible, within ten days after they have been docketed.
For the purpose of all hearings and investigations which in the opinion of the Commissioner are necessary and proper for the exercise of the powers vested in him, the Commissioner shall at all reasonable times have access to, and for the purpose of examination, the right to copy any evidence of any person being investigated […]
In case of contumacy or refusal to obey a subpoena issued to any person, the Superior Court or the District Court of the Virgin Islands, upon application of the Commissioner, shall have jurisdiction to issue to such person an order requiring such person to appear before the Commissioner or his duly authorized representative, there to […]
(a) Notwithstanding an employment contract that provides for the use of arbitration to resolve a controversy arising out of or relating to the employment relationship, arbitration may be used to settle such a dispute only if: (1) the employer or employee submits a written request after the dispute arises to the other party to use […]
Whoever wilfully resists, prevents, impedes or interferes with the Commissioner or his duly authorized representative, in the performance of his duties pursuant to this chapter, shall be fined not more than $500 or imprisoned not more than 3 months, or both.
(a) Unless modified by union contract, an employer may dismiss any employee: (1) who engages in a business which conflicts with his duties to his employer or renders him a rival of his employer; (2) whose insolent or offensive conduct toward a customer of the employer injures the employer’s business; (3) whose use of intoxicants […]
(a) Any employee discharged for any reason other than those contained in section 76 of this chapter may, within thirty (30) days after discharge, file a written complaint with the Commissioner. (b) The Commissioner shall cause to be served upon the employer a copy of the complaint stating the charges and a written notice of […]
The Commissioner may request the Superior Court of the Virgin Islands to enforce any order issued under section 77 of this chapter. The findings of the Commissioner with respect to questions of fact shall be considered conclusive if supported by substantial evidence on the record considered as a whole. The court may enforce any order […]
In addition to the remedies provided by sections 77 and 78 of this chapter, any wrongfully discharged employee may bring an action for compensatory and punitive damages in any court of competent jurisdiction against any employer who has violated the provisions of section 76 of this chapter. The court in such action shall award to […]
