Title 24 — Labor
20 chapters · 305 sections in this title.
24 V.I.C. § 303 Benefits—When payable
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Qualifying requirements Qualifying requirements (a) To qualify as an insured worker, an individual:(1) (A) Shall have been paid at least $858 for insured work in that quarter of his base period in which his total wages were the highest; and(B) Shall have earned total base period …
24 V.I.C. § 304 Conditions for receipt of benefits—Eligibility for benefits
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(a) (1) An insured worker shall be eligible for and shall receive waiting-week credit or benefits, as the case may be, for any week of his unemployment with respect to which he has not been determined to be disqualified under subsection (b) of this section if such worker has, in …
24 V.I.C. § 305 Determinations, notices, and payment of benefits—Payment of benefits
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(a) Benefits shall be paid solely through public employment offices, or such other agencies as the U.S. Secretary of Labor shall approve, in accordance with regulations prescribed by the Commissioner of Labor. Information to workers on benefit rights Information to workers on ben…
24 V.I.C. § 306 Appeals—Hearing examiners
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(a) The Commissioner of Labor shall appoint one or more hearing examiners, selected in accordance with section 312(b) of this chapter, to hear and decide appeals from determinations and redeterminations; Provided, however, that no person may be selected as a hearing examiner unle…
24 V.I.C. § 307 Coverage—Determination and redetermination of whether service performed is employment
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(a) (1) On his own motion or on the application of an employing unit, the Commissioner shall, on the basis of facts found by him, determine whether the service performed for it constitutes employment.(2) Within one year after he has made a determination under paragraph (1) of thi…
24 V.I.C. § 308 Contributions—Payment of contributions
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(a) Contributions with respect to wages for employment shall accrue and become payable by each employer for each calendar year in which he is subject to this chapter. Such contributions shall become due and be paid by each employer to the Commissioner of Finance for the Unemploym…
24 V.I.C. § 309 Collection of delinquent and contested contributions—Interest on past-due contributions
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(a) If contributions or payments in lieu of contributions are not paid on the date on which they are due and payable as prescribed by the Commissioner of Labor, the whole or part thereafter remaining unpaid shall bear interest at a rate of 9% per annum from such due date until pa…
24 V.I.C. § 310 Unemployment Insurance Fund—Establishment and control
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(a) There is hereby established in the Treasury of the Virgin Islands as a special fund, separate and apart from all public money or funds of the Virgin Islands, an Unemployment Fund, which shall be administered by the Commissioner of Labor exclusively for the purposes of this ch…
24 V.I.C. § 311 Unemployment Insurance Administration Fund
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(a) There is hereby established, in the Treasury of the Virgin Islands, a special fund to be known as the Employment Security Administration Fund, effective on the day after the date the Secretary of Labor of the United States approves the Virgin Islands Unemployment Insurance Ac…
24 V.I.C. § 311a Penalty and Interest Fund
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(a) There is hereby established in the Treasury of the Virgin Islands a special fund, separate and apart from all public money or funds of the Virgin Islands, to be known as the Penalty and Interest Fund. This fund shall consist of all interest and penalties collected under the p…
24 V.I.C. § 312 Administration—Unemployment Insurance Service
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(a) The Unemployment Insurance Service, designated as a division of the Virgin Islands Employment Security Agency by section 153 of this title, shall be administered in accordance with the provisions of this chapter. [Additional duties and powers of the Commissioner of Labor] [Ad…
24 V.I.C. § 313 Penalties—Misrepresentation to obtain benefits
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(a) (1) An insured worker shall be disqualified for waiting-week credit or benefits for any week of his unemployment if within the 24 calendar months immediately preceding such week he has, with intent to defraud by obtaining any benefits not due under this chapter, made a false …
24 V.I.C. § 314 Reciprocal arrangements—Interstate benefit payments
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(a) The Commissioner, for and on behalf of the Virgin Islands Employment Security Agency, shall participate in reciprocal arrangements with appropriate and duly authorized agencies of any state or of the Federal Government, whereby potential rights to benefits under this chapter …
24 V.I.C. § 315 Extended benefits program
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(a) As used in this section, unless the context clearly requires otherwise—(1) “Extended benefit period” means a period which(A) begins with the third week after a week for which there is a Virgin Islands “on” indicator; and(B) ends with either of the following weeks, whichever o…
24 V.I.C. § 315a Additional Benefits Program
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(a) For purposes of this section(1) “Additional benefits” means, benefits financed entirely by the territory and paid, from its account deposited in the Unemployment Trust Fund administered by the Secretary of the United States Treasury, to exhaustees pursuant to this section.(2)…
24 V.I.C. § 315b Registration with the Virgin Islands State Information Data Exchange System
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Each employer in the Virgin Islands shall register with the Virgin Islands State Information Data Exchange System on the Department of Labor’s website.
24 V.I.C. § 316 Saving clause
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The Legislature reserves the right to amend or repeal all or any part of this chapter at any time; and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter or by acts done pursuant…
24 V.I.C. § 317 Separability of provisions
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If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of this chapter, and the application of such provision to other persons or circumstances, shall not be affected thereby.
24 V.I.C. § 318 Effective date
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This chapter shall take effect on October 1, 1961.
24 V.I.C. § 319 Appropriation of funds
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The sum of $10,000 is hereby appropriated from any available funds in the Treasury not otherwise appropriated, for the launching of the program provided in this chapter. This sum shall be placed at the disposal of the Director of the Employment Service as of October 1, 1961.
24 V.I.C. § 320 Amnesty period
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Notwithstanding any other law to the contrary, the Department of Labor, through the Commissioner of Labor, shall institute a 120-day amnesty period for the payment of penalty and interest owed pursuant to title 24, section 313(b)(2), Virgin Islands Code, and title 24, section 309…
24 V.I.C. § 341 Limitation on injunctive power of courts
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No court of the Virgin Islands shall have jurisdiction to issue any restraining order or temporary or permanent injunction in a case involving or growing out of a labor dispute, except in strict accordance with the provisions of this chapter.
24 V.I.C. § 342 Specific acts exempt from restraint or injunction
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(a) No court of the Virgin Islands shall have jurisdiction to issue any restraining order or temporary or permanent injunction in any case involving or growing out of a labor dispute, to prohibit any person or persons participating or interested in such dispute from doing, whethe…
24 V.I.C. § 343 Conspiracy or unlawful combination to do acts in concert
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No court of the Virgin Islands shall have jurisdiction to issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a labor dispute constitute or are engaged in an unlawful combination or conspiracy becau…
24 V.I.C. § 344 Liability for acts of officers or members of organizations
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No officer or member of any association or organizations, and no association or organization, participating or interested in a labor dispute shall be held responsible or liable in any court of the Virgin Islands for the unlawful acts of individual officers, members, or agents, ex…
24 V.I.C. § 345 Grounds for issuing injunctions; hearings; temporary order; undertaking
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(a) No court of the Virgin Islands shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, except after hearing the testimony of witnesses in open court (with opportunity for cross-examination) in support of th…
24 V.I.C. § 346 Good faith of complainant as prerequisite for relief
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No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation fixed by the laws involved in the labor dispute in question, or who has failed to make every effort to settle such dispute either by negotiation or with the …
24 V.I.C. § 347 Finding of facts as basis for injunction; order limited to prohibition
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No restraining order or temporary or permanent injunction shall be granted in any case involving or growing out of a labor dispute, except on the basis of findings of facts made and filed by the court in the record of the case prior to the issuance of such restraining order or wr…
24 V.I.C. § 348 Appeals
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Whenever any court shall issue or deny any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings, forthwith certify, as in ordinary cases, the record of the case to the immediately superior co…
24 V.I.C. § 349 Definitions
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(a) When used in this chapter, and for the purposes hereof:(a) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in the same industry, trade, craft, or occupation, or have direct or indirect interest therein; or who a…
24 V.I.C. § 350 Separability of provisions
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If any provision of this chapter or the application thereof to any person or circumstance is held unconstitutional or otherwise invalid, the remaining provisions of the chapter and the application of such provisions to other persons or circumstances shall not be affected thereby.
24 V.I.C. § 351 Repeal of conflicting laws
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All Acts and parts of Acts in conflict with the provisions of this chapter are hereby repealed.
24 V.I.C. § 361 Findings and purpose
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It is the purpose of this chapter to provide for orderly and constructive relationships between public employers and their employees. The Legislature finds and declares that the Government of the Virgin Islands shall fully accept the principle and procedure of collective bargaini…
24 V.I.C. § 362 Definitions
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(a) As used in this chapter the following words shall have the following meanings unless the text clearly requires otherwise:(a) “agreement” means a contract or other written instrument setting forth mutual promises between the public employer and an exclusive representative whic…
24 V.I.C. § 363 Rights of public employees
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(a) Subject to the provisions of this chapter, public employees shall have and do have the right to:(a) form, join, assist and participate in, or to refrain from forming, joining, assisting or participating in any labor organization of their choosing;(b) be represented by labor o…
24 V.I.C. § 364 Public Employees Relations Board, created
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(a) There is hereby created as a separate independent board of the Government of the Virgin Islands, a Public Employees Relations Board (PERB). The PERB shall be composed of five members recommended by the Governor and approved by the Legislature. Not less than two of the appoint…
24 V.I.C. § 365 PERB, powers and duties
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(a) 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…
24 V.I.C. § 366 PERB, public meetings and records
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(a) All meetings of the PERB shall be open to the public unless four members shall vote, in open public meeting, to close the remainder of the meeting to the public for that day or part thereof. A new vote shall be taken in public on the day of each subsequent closing of the PERB…
24 V.I.C. § 370 Appropriate bargaining units
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(a) Upon the request of a public employer, group of public employees, or labor organization, the PERB shall determine an appropriate bargaining unit of public employees by identifying the specific class or classes of employees or identifying positions the employees of which shall…
24 V.I.C. § 371 Classification of appropriate bargaining units
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(a) Each bargaining unit, including the bargaining units organized and represented by a labor union on the date of enactment of the act creating this chapter, shall be classified as belonging to one of the following classes:CLASS I.Units consisting of employees who perform servic…
24 V.I.C. § 372 Exclusive representative; election; certification; decertification
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(a) The PERB shall certify that a labor organization is the exclusive bargaining representative of an appropriate bargaining unit when, in an election held for that purpose, a majority of the members of a unit participating in such an election vote by secret ballot to be represen…
24 V.I.C. § 373 Rights and duties accompanying exclusive recognition
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(a) The labor organization certified by the PERB as the exclusive representative of an appropriate bargaining unit shall have rights and duties which include, but are not limited to:(a) exclusively act for and negotiate agreements with the public employer covering all employees i…
24 V.I.C. § 374 Negotiations, scope and limitations
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(a) Rates of pay, hours, salaries, employee benefits, terms and conditions of employment and all matters relating thereto may be specifically negotiated in a collective bargaining proceeding between the public employer and the exclusive representative unless otherwise specificall…
24 V.I.C. § 375 Strikes, limitations and rights, procedures
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(a) Employees in Class I bargaining units, as determined by section 371 of this chapter, may strike as a lawful means of promoting their collective employee interests. Once a strike, sanctioned by the exclusive representative, commences, the bargaining unit or its exclusive repre…
24 V.I.C. § 376 Impasse procedure, mediation and arbitration
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(a) Whenever an impasse procedure is required by the provisions of this chapter, the following procedure shall be followed:(1) the parties shall submit to the PERB and to each other written statements clearly and concisely outlining the issues in dispute together with a certifica…
24 V.I.C. § 377 Office of Collective Bargaining, creation, scope
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(a) The Office of the Collective Bargaining is established within the Office of the Governor, but shall function under the Division of Personnel for budgetary purposes only. The Office shall be supervised by a Chief Negotiator at the direction of the Governor. The Chief Negotiato…
24 V.I.C. § 378 Unfair labor practices
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(a) It is hereby expressly prohibited for any public employer or agent of a public employer willfully to:(1) interfere with, restrain, or coerce any employee in the exercise of any right guaranteed by this chapter;(2) dominate, interfere with, or assist in the formation, existenc…
24 V.I.C. § 379 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 comp…
24 V.I.C. § 379a Relief from final orders of the PERB
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The PERB may correct clerical mistakes in final orders or other parts of the record and other errors therein in accordance with the applicable provisions of Federal Rule of Civil Procedure 60.
24 V.I.C. § 380 Judicial review of final orders of the PERB
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(a) Any party aggrieved by any final order of the PERB made pursuant to section 379 of this chapter, may appeal to the Superior Court of the Virgin Islands for review of such order and shall name the PERB as a party respondent. An application for review must be filed within 20 da…