2019 US Virgin Islands Code
Title 24 - Labor
Chapter 3 - Labor Relations
§ 68. Prevention of unfair labor practices; complaint; hearing; order; Commissioner as Federal agent; settlement of strikes

(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, and containing a notice of hearing before the Commissioner, at a place therein fixed, not less than 5 days after the serving of the complaint. The person so complained of may file an answer to the complaint and appear in person or otherwise and give testimony at the time and place fixed in the complaint. In any such proceedings, rules of evidence prescribed by the Commissioner shall be controlling.

(c) If upon all the testimony taken the Commissioner is of the opinion that any person named in the complaint has engaged in or is engaging in any such unfair labor practice, the Commissioner shall state his finding of fact and shall issue and cause to be served on such person an order requiring such person to cease and desist from such unfair labor practice, and to take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of this chapter. Such order may further require such person to make reports from time to time showing the extent to which he has complied with the order. If upon all the testimony taken the Commissioner is of the opinion that no person named in the complaint has engaged in or is engaging in any unfair labor practice, then the Commissioner shall state his finding of fact and shall issue an order dismissing the complaint.

(d) Notwithstanding the provisions of this chapter, the Commissioner shall be empowered by agreement with the National Labor Relations Board, to act as the Board's agent in any case within the Virgin Islands assigned to him by the said Board, and to accept and apply the provisions and procedures of the Federal Labor Management Relations Act of 1947, as amended, in any such case referred to the Commissioner by the Board.

(e) In the event of a strike or work stoppage of any kind, the Commissioner or his representative may intervene, using such means as may be necessary, in his discretion, to resolve said dispute. In the exercise of this power, he may appoint mediators and compensate them for their services. The Commissioner may, at the request of the parties act or appoint an individual to act as an arbitrator to make a final and binding award.