Rights of Management
Any employee of the Executive Branch, or Independent Instru-mentaities such as Virgin Islands Port Authority, V.I. Water and Power Authority, Roy L. Schneider Hospital, Juan F. Luis Hospital and Medical Center, Magens Bay Authority, Virgin Islands Housing Authority, Virgin Islands Housing Finance Authority, can file a claim with the PERB.
A "regular" employee is an "employee" who has been appointed to a position in accordance with this work test or probationary period. "3 V.IC.§ 451, 530, 527; 3 V.I.R.R. 452-161(b).
A "nonregular" or "exempt" employee is anyone, other than the "regular" employee, who did not obtain their position through the Personnel Merit System. A list of the "exempt" positions are found in 24 V.I.C. § 451(a).
Title 3, Section 530, applies to service employees who are not in a union and who have completed a probationary period. These employees cannot be terminated, suspended, or demoted without just cause and without advanced written notice. An employee has ten (10) days, from receipt, to file an appeal with PERB. A hearing shall begin within thirty (30) days and conclude within sixty (60) days. An order shall be issued within fourteen (14) days after the end of the hearing.
Title 3, Section 531, applies to any government employees who feel she/he has been discriminated against based on the basis of age, race, sex, national origin, political opinion or other non-merit factor.
Under Act 4440, public employees have the right to:
Form, join, or refrain from joining a union.
Be represented by a union and to engage in collective bargaining.
Engage in lawful, concerted activities.
Elect to have union due deducted from their paychecks.
File an unfair labor practice charge under Title 24, V.I.C. § 378
Rights of a Union
Who Can File a Claim With PERB?
Rights Of Non Union Employees
Rights of Public Employees
A Union, certified by PERB, has the right to:
Exclusively represent bargaining unit employees and negotiate, on their behalf, for: wages, hours, and terms and conditions of employment.
Declare job actions; including strikes when permitted.
Be present at grievance hearings.
Collect dues, or payment in lieu of dues, form all employees in the bargaining unit.
Management has the right to:
Direct and supervise employees.
Determine qualifications for hiring.
Hire, transfer, promote, discipline, suspect, or discharge, employees for cause.
Maintain effectively of operations.
Determine methods, means, and personnel.