Case Caption: Government of the Virgin Islands v. United Industrial, Service, Transportation, Professional and Governmental Workers, on Behalf of Ernest BasonCase Number: S. Ct. Civ. No. 2011-0115Date: 11/26/2012Author: Hodge, Rhys S. Citation: Summary:

On appeal by the Government of the Virgin Islands from an opinion and judgment entered by the Superior Court confirming an arbitration award in favor of a former Assistant Attorney General of the Virgin Islands under a collective bargaining agreement, and directing his immediate reinstatement to that post in the Virgin Islands Department of Justice, the reinstatement order constituted an appealable injunction providing jurisdiction for review under 4 V.I.C. § 33(b)(1). Assuming, without deciding, that Assistant Attorneys General may unionize pursuant to title 24, chapter 14 of the Virgin Islands Code, 3 V.I.C. § 113 precluded the arbitrator and the Superior Court from mandating that the Government reinstate an Assistant Attorney General. Accordingly, the portion of the December 13, 2011 opinion and judgment that authorized reinstatement as an Assistant Attorney General is reversed, and on remand the Superior Court is directed to issue a final judgment which is consistent with this Opinion.

Attachment: Open Document or Opinion