S. Ct. Civ. No. 2010-0099

A union's petition for writ of review by the Superior Court of the dismissal of unfair labor practices charges by the Public Employees Relation Board was filed after expiration of the 20-day period mandated by 24 V.I.C. § 380, and was therefore untimely. Whether the 20-day period established in § 380(a) represents a jurisdictional or claims-processing rule is irrelevant in this case since the timeliness of the petition was properly challenged. The Board's Rule 361.3(B) did not extend the time for the union to file its petition for writ of review, and the language "the date of the final order" in § 380(a) refers to the date of the order itself, and not the date the order was served on the parties. Hence the petition for a writ of review was untimely. The judgment of the Superior Court is reversed, and the case is remanded for entry of summary judgment enforcing the Board's April 28, 2010 Order.