Unfair labor practices

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  • It shall be an unfair labor practice for an employer to—
    • (1) spy upon or keep under surveillance, whether directly or through agents or any other person, any activities of employees or their representatives in the exercise of the rights set forth in section 64 of this title;

    • (2) dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it: Provided, That subject to rules and regulations adopted by the Commissioner, an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay;

    • (3) by discrimination in regard to hire or tenure of employment or any term of condition of employment, encourage or discourage membership in any labor organization, except that nothing in this chapter shall preclude an employer from making an agreement with a labor organization (not established, maintained or assisted by any act defined in this chapter as an unfair labor practice) to require as a condition of employment membership therein, if such labor organization is the representative of the employees;

    • (4) discourage or otherwise discriminate against an employee because he has filed charges or given testimony under provisions of this chapter;

    • (5) refuse to bargain collectively with the representatives of his employees, subject to the provisions of this chapter;

    • (6) refuse to discuss grievances with representatives of employees, subject to the provisions of this chapter;

    • (7) give employment to persons who are illegally residing within the Virgin Islands. The responsibility of investigating and determining the legal residence of employees before they are hired shall rest upon employers; or

    • (8) do any acts other than those enumerated in this section which restrain, coerce or interfere with employees in the exercise of the rights set forth in section 64 of this title;

    • (9) no employer may dismiss or discharge an employee for the sole reason that the wages of the employee, due or to become due, have been made subject to an attachment or execution levied under the provisions of Chapter 44, Title 5 of this code.

    • (10) segregate or classify an employee on the basis of sex, race, color, national origin, or marital status, for purposes of an employee pension benefit plan or an employee welfare benefit plan, as defined in section 3 of Title 1 of the Federal Employee Retirement Income Security Act (Public Law 93–406). This paragraph shall not apply to the employment of an individual by his parent, spouse, or child.


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