TYPES OF PERB CASES
A case filed under 3 V.I.C. § 530 is called a Government Service Appeal or “GSA”, which provides for a due process hearing for a regular classified employee, who has been recommended for dismissal, demotion or suspension by the Head Officer. The employee has 10 days to file the appeal, a hearing shall begin within 30 days and conclude within 60 days. The PERB must issue a decision within 14 days after the end of the hearing.
A case filed under 3 V.I.C. § 531 is also called a Government Service Appeal or “GSA”. An employee, or applicant, who has reason to believe that he or she has been discriminated against, on the basis of race, age, sex, national origin, religion, political opinion or affiliation, or non-merit factor, may file an appeal. The appeal must be filed within 180 days from the date the alleged discriminatory conduct is known by the applicant or employee.
In a Decertification Case, a petition is filed for an election to decertify a Labor Organization as the exclusive representative of an appropriate bargaining unit.
In a Representation Case, a petition is filed for an election to certify a Labor Organization as the exclusive representative of an appropriate bargaining unit.
A Petition for Unit Clarification is filed to determine whether a bargaining unit should be amended to include or exclude a position from the bargaining unit.
An Impasse Petition is filed when parties involved in collective bargaining negotiations cannot reach an agreement. The PERB will conduct an Informal Conference, and refer the matter to Mediation, and if not resolved, to Arbitration.
An Unfair Labor Practice Charge may be filed by a party aggrieved by the action(s) of the other party. The Charging Party is alleging that the Public Employee Labor Relations Act has been violated by the union, management, or both.