2019 US Virgin Islands Code
Title 32 - Sports and Parks
Chapter 21 - Virgin Islands Casino and Resort Control Act of 1995
Article VI - Licensing
§ 445. Registration of labor organizations
(a) Each labor organization, union or affiliate seeking to represent employees licensed or registered under this chapter and employed by a casino hotel or a casino licensee shall register with the Commission annually, and shall disclose such information to the Commission as the Commission may require, including the names of all affiliated organizations, pension and welfare systems and all officers and agents of such organizations and systems; provided, however, that no labor organization, union, or affiliate shall be required to furnish such information to the extent such information is included in a report filed by any labor organization, union, or affiliate with the Secretary of Labor pursuant to 29 U.S.C., section 431 et seq. or section 1001 et seq. if a copy of such report, or of the portion thereof containing such information, is furnished to the Commission pursuant to the aforesaid federal provisions. The Commission may in its discretion exempt any labor organization, union, or affiliate from the registration requirements of this subsection where the Commission finds that such organization, union or affiliate is not the certified bargaining representative of any employee licensed or registered under this chapter, is not involved actively, directly or substantially in the control or direction of the representation of any such employee, and is not seeking to do so.
(b) No person may act as an officer, agent or principal employee of a labor organization, union or affiliate registered or required to be registered pursuant to this section and representing or seeking to represent employees licensed or registered under this chapter if the person has been found disqualified by the Commission in accordance with the criteria contained in section 438 of this title. The Commission may, for purposes of this subsection, waive any disqualification criterion consistent with the public policy of this chapter and upon a finding that the interests of justice so require.
(c) Neither a labor organization, union or affiliate nor its officers and agents not otherwise individually licensed or registered under this chapter and employed by a casino licensee may hold any financial interest whatsoever in the casino hotel or casino licensee whose employees they represent.
(d) Any person, including any labor organization, union or affiliate, who shall violate, aid and abet the violation, or conspire or attempt to violate this section is guilty of a felony.
(e) The Commission or the Division may maintain a civil action and proceed in a summary manner, without posting bond, against any person, including any labor organization, union or affiliate, to compel compliance with this section, or to prevent any violations, the aiding and abetting thereof, or any attempt or conspiracy to violate this section.
(f) In addition to any other remedies provided in this section, a labor organization, union or affiliate registered or required to be registered pursuant to this section and representing or seeking to represent employees licensed or registered under this chapter may be prohibited by the Commission from receiving any dues from any employee licensed or registered under this chapter and employed by a casino licensee or its agent, if any officer, agent or principal employee of the labor organization, union or affiliate has been found disqualified and if such disqualification has not been waived by the Commission in accordance with subsection (b) of this section. The Commission or the Division may proceed in the manner provided by subsection (e) of this section to enforce an order of the Commission prohibiting the receipt of dues.
(g) Nothing contained in this section shall limit the power of the Commission to proceed in accordance with subsection (c) of section 467 of this title.
