PERB, powers and duties

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  • The Public Employees Relations Board shall have the following powers and duties:
    • (a) to fairly and impartially administer the provisions of this chapter;

    • (b) to certify an employee organization as the exclusive bargaining agent for an appropriate bargaining unit pursuant to the provisions of this chapter;

    • (c) to decertify an employee organization as the exclusive bargaining agent for an appropriate bargaining unit pursuant to the provisions of this chapter;

    • (d) to determine appropriate bargaining units among public employees and classify such units;

    • (e) to hire and compensate such personnel as it may consider necessary to assist the PERB in carrying out its responsibilities and duties without the advice or consent of the Executive Branch;

    • (f) to report on its actions and findings in writing from time to time, but not less than once each year, to the Governor and the Legislature;

    • (g) to make, amend and rescind, after notice and appropriate public hearings, rules, regulations and procedures as may be necessary to carry out the provisions of this chapter;

    • (h) conduct hearings on classification and position allocation appeals and make recommendations to the Governor for final decision, as provided under Title 3, section 496, Virgin Islands Code.

    • (i) to conduct hearings and/or proceedings, when warranted, on complaints of prohibited practices by employers or by employee organizations and take such actions with respect thereto as it deems necessary and proper;

    • (j) to hold investigative hearings, administer oaths, subpoena witnesses and evidence and examine same. Conduct studies, analyze data, gather and disseminate information, and take all actions necessary to administer this chapter;

    • (k) to mediate, conciliate, or cause mediation or conciliation between parties in a dispute;

    • (l) to establish, after consultation with representatives of employee organizations and public employers, a list of qualified persons who could and would serve as mediators and arbitrators of a dispute;

    • (m) to determine and apportion the costs of arbitration equally to the parties involved; and

    • (n) to enforce its orders, subpoenas, and actions by levying fines against any person in contempt of the PERB, including an individual, if such individual is personally liable, public employers, and employee organizations.


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