V.I. Code tit. 24, § 372 (2019)
2019 US Virgin Islands Code|Title 24 - Labor|Chapter 14 - Public Employee Labor Relations|§ 372. Exclusive representative; election; certification; decertification

 (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 represented by such labor organization. The PERB shall issue rules and regulations for the conduct of such elections which shall require that the ballot include the name of each labor organization which can show by written evidence that at least 10% of the members of a unit have pledged membership in or are members of such labor organization. The ballot shall include a space which, if checked, clearly indicates a voter's choice of no representation by any labor organization. If no choice on the ballot, including the choice of “no representation”, received a majority of the votes on the first ballot, a run-off election shall be conducted in which only the two choices receiving the highest number of votes are on the run-off election ballot. (b) An election for certification or decertification of a labor organization shall be conducted whenever 30% or more of the members of an appropriate bargaining unit petition the PERB for the conduct of such an election, except that no election shall be held during the term of a valid collective bargaining agreement unless such election is conducted within the period of not more than 90 days and not fewer than 30 days prior to the expiration of such an agreement, and provided further that the term of the agreement does not exceed three years. Nothing in this section or this chapter shall be construed to deny members of an appropriate bargaining unit the right to vote at any time to refuse payment of dues or any other fee for union representation to an exclusive representation. (c) Notwithstanding the provisions of this section, no labor organization shall be certified as the exclusive representative of any bargaining unit unless the PERB determines that such organization is free from corrupt influences and influences opposed to basic democratic principles. Prior to the certification of any labor organization as an exclusive representative of any unit, such organization shall certify to the PERB that its operations mandate the following: (1) the maintenance of democratic provisions for periodic elections to be conducted subject to recognized safeguards and provisions defining and securing the right of individual members to participate in the affairs of the organization, to fair and equal treatment under the governing rules of the organization and to fair process in disciplinary proceedings; (2) the exclusion from office in the organization of any person identified with corrupt influences; (3) the prohibition of business or financial interests on the part of organization officers and agents which conflict with their duty to the organization; (4) fair elections; and (5) the maintenance of fiscal integrity in the conduct of the affairs of the organization, including provision for accounting and financial controls and regular financial reports or summaries to be made available to members not less than annually. The PERB shall accept any of the following as presumptive evidence that a labor organization's operations meet the standards of conduct for labor organizations as set forth in this subsection: (1) a statement in writing that the labor organization is a member of the American Federation of Labor-Congress of Industrial Organizations and is governed by and subscribes to the American Federation of Labor-Congress of Industrial Organizations Codes of Ethical Practice; (2) a copy of the labor organization's constitution and by-laws which contain explicit provisions covering these standards; (3) a copy of rules and regulations of the organization which have been officially adopted by the membership, which contain explicit provisions covering these standards; or (4) an official certification in writing from a labor organization stating that the labor organization subscribes to the standards of conduct for labor organizations, as set forth in this subsection. (d) The PERB shall decertify any labor organization as the exclusive representative of any bargaining unit whenever: (1) the PERB determines that such organization no longer operates pursuant to the requirements of subsection (c) of this section; and/or (2) at an election conducted pursuant to the provisions of subsection (b) of this section, a majority of those members participating in the election vote to decertify their exclusive representative, or replace their exclusive representative with another, or choose not to be represented by any labor organization. (e) Any labor organization which, on the date of enactment of the act creating this chapter, is de facto the exclusive representative of an appropriate bargaining unit shall be promptly certified by the PERB as the exclusive representative of such unit without the conduct of an election, provided the organization to be so certified complies with the provisions of subsection (c) of this section. Nothing in this subsection shall be construed to prohibit the decertification of any labor organization as the exclusive representative of any bargaining unit, provided such decertification action is in compliance with the provisions of this chapter. (f) The PERB shall certify or decertify an exclusive representative within ten working days after the final tally of votes in an election for such purpose, if: (1) there has been no bona fide objection to the election alleging interference which affected the outcome of the election or alleging violation of the rules and regulations governing such election; or (2) the PERB has determined that the number of challenged ballots is not sufficient to affect the outcome of the election. If the PERB has reason to believe that the challenge to a ballot or ballots may be valid and affect that outcome of such election, the PERB shall hold a hearing on the matter within two weeks after the date of receipts of the challenge. The PERB shall give due notice of the hearing to all parties. If the PERB determines that the outcome of the election was affected, even by third party interference, or if the PERB determines that the number of challenged ballots was sufficient to affect the outcome of the election, it shall require corrective action and may order a new election. If the PERB determines that the alleged violations did not affect the outcome of the election, it shall immediately certify the election results. (g) Every labor organization seeking certification as an exclusive representative of an appropriate bargaining unit shall submit to the PERB a complete roster of its officers and representatives, a copy of its constitution and by-laws, a statement of its objectives, and a mailing address to which notices may be sent. It shall be the duty of each organization to promptly advise the PERB of changes in the information required by this subsection. Such information shall be available for public inspection and copying, notwithstanding the provisions of subsection (b) of section 366 of this chapter.