PERB review of alleged violations

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  • (a) Any party aggrieved by the action of another, which action is believed to be a violation of this chapter, may complain of such violation in writing to the PERB and shall state in the complaint any relief sought. No fee shall be charged for the filing of any complaint. No complaint shall be considered which is filed more than 180 days after the alleged violation is known to the complaining party. Upon receipt of a complaint, the PERB shall:

    • (1) promptly notify the party which is the subject of the complaint of the allegations against such party and order such party to respond in writing to the allegations within a reasonable time certain;

    • (2) investigate the complaint, and if warranted, conduct a hearing to receive testimony from each side on the alleged violations;

    • (3) make findings of fact and law based on its investigations and hearing, if any, and issue a written opinion of its final determinations;

    • (4) issue written orders to enforce its findings and opinions and take such action as may be warranted to remedy the complaint and/or penalize a party found in violation of this chapter. Actions in remedy shall include, but not be limited to, dismissal of the complaint, issuance of a cease and desist order, levy fines against a party found in contempt of the PERB for failure to abide by an order, reinstate an employee with or without back pay, or otherwise make whole the employment or tenure of any employee, compel bargaining in good faith, and direct compliance with the provisions of this chapter.

  • (b) The PERB may request the Superior Court of the Virgin Islands to enforce any order issued pursuant to its powers under this chapter. No defense or objection to an order of the PERB shall be considered by the court, unless such defense or objection was first urged before the PERB, unless the failure to urge the objection is excused by the court because of extraordinary circumstances. The findings of the PERB with respect to questions of fact shall be conclusive if supported by substantial evidence on the record considered as a whole. The court may enforce any order of the PERB it deems just and proper and enter a decree enforcing, modifying and enforcing as so modified, or setting aside, in whole or in part, the order of the PERB.

  • (c) The complaints, transcripts of hearings, findings, testimony, answers to complaints, orders, and all other material relevant to the review procedures of the PERB of a complaint shall be public records and be made available for inspection or copying. All proceedings pursuant to this section shall be open to the public.


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