Govt of the VI, BOC v. United Industrial

CourtSupreme Court of The Virgin Islands
DecidedJune 15, 2026
DocketSCT-CIV-2025-0026
StatusPublished

This text of Govt of the VI, BOC v. United Industrial (Govt of the VI, BOC v. United Industrial) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Govt of the VI, BOC v. United Industrial, (virginislands 2026).

Opinion

For Publication

IN THE SUPREME COURT OF THE VIRGIN ISLANDS

GOVERNMENT OF THE VIRGIN ISLANDS ) S. Ct. Civ. No. 2025-0026 BUREAU OF CORRECTIONS, ) Re: Super. Ct. Civ. No. 464/2022 (STX)

. , Appellant/Plaintiff/Counter Defendant )

UNITED INDUSTRIAL, SERVICE ) TRANSPORTATION, PROFESSIONAL AND ) GOVERNMENT WORKERS OF NORTH ) AMERICA / SEAFARERS INTERNATIONAL ) UNION OF NORTH AMERICA, ATLANTIC ) GULF, LAKES AND INLAND WATERS ) DISTRICT, AFL-CIO ) Appellee/Defendant/Counter Plaintiff. )

On Appeal from the Superior Court of the Virgin Islands Division of St. Croix Superior Court Judge: Hon. Douglas A. Brady Argued: November 10, 2025 Filed: June 15, 2026

APPEARANCES

Zuleyma Chapman, Esq Office of Collective Bargaining St. Croix, U.S. Virgin Islands Attorney for Appellant/Plaintiff'Counter Defendant

John J. Merchant, Esq Seafarers International Union St. Thomas, U.S. Virgin Islands Attorney for Appellee/Defendant/Counter Plaintiff.

OPINION OF THE COURT WILLOCKS, Associate Justice GVI v. Seafarers International Union 2026 VI 14 S. Ct. Civ. No. 2025-0026 Opinion of the Court Page 2 of 14

qi Appellant Government of the Virgin Islands (“GVI”) appeals from the April 7, 2025 order

of the Superior Court of the Virgin Islands (“Superior Court”) confirming an arbitration award

entered in favor of Appellee United Industrial, Service, Transportation, Professional and

Government Workers of North America / Seafarers International Union of North America, Atlantic

Gulf, Lakes and Inland Waters District, AFL-CIO (“Union”) that sustained its grievances

challenging the Bureau of Corrections’ (“BOC”)! overtime calculations. For the reasons that

follow, this Court affirms the Superior Court’s April 7, 2025 order

I. BACKGROUND

q 2 In 2013, the Union, the exclusive bargaining representative for correction officers

employed by BOC and the Youth Rehabilitation Center of the Department of Human Service

(“YRC”), and GV] entered into a collective bargaining agreement (“CBA”) effective for the period

of October 1, 2009 through September 30, 2014. The CBA governed the terms and conditions of

employment, such as wages, benefits, working hours, overtime, employee grievances, and the

process for dispute resolution

q3 Specifically, Article IX of the CBA contains a four-step grievance procedure, which

ultimately provides for binding arbitration should the parties fail to resolve their differences

Section 8 of the CBA’s grievance article provides that “[t]he Arbitrator shall have jurisdiction and

authority only to interpret, apply or determine compliance with the express provisions of this

' For purposes of this Opinion, references to “GV” refer to the appellant/plaintiff, while references to “BOC” refer to the public employer Bureau of Corrections. See 3 V.LC. § 372 (“There is established in the executive branch of the Government of the Virgin Islands, the Bureau of Corrections.”); see also, 24 V.I.C. § 362(i) (specifying that “‘employer’ or ‘public employer’ means the executive branch of the Government of the Virgin Islands and any agency or instrumentality thereof...”’) GVI v. Seafarers International Union 2026 VI 14 S. Ct. Civ. No. 2025-0026 Opinion of the Court Page 3 of 14

Agreement and shall not have authority to add to, detract from, or alter its provisions in any way.”

(J.A. 048). The CBA’s arbitration provisions contain no reference to the Federal Arbitration Act

(J.A. 047-49)

44 Between 2012 and 2013, the Union filed grievances on behalf of several BOC correction

officers, challenging BOC’s method of calculating overtime as contrary to the CBA and asserting

that the officers were incorrectly compensated as a result. The grievances were consolidated and

arbitrated before Arbitrator Barry Goldman (“Arbitrator”). An arbitration hearing was held from

January 25-27 and April 21-23, 2022, after which the parties submitted closing briefs. The sole

question before the Arbitrator was the proper method of calculating overtime under the CBA—a

question that would ultimately resolve the issues raised in the grievances. (J.A. 092, 111, 139)

45 On July 19, 2022, the Arbitrator issued an opinion and award (“Arbitration Award”)

sustaining the Union’s grievances. In reaching his decision, the Arbitrator examined Article II,

section 2 of the CBA related to overtime pay, which provides

Wages at the rate of one and one-half (1%) times the employee’s straight time hourly wage rate shall be paid in the following instances, providing overtime has been approved in writing by the supervisor of the unit

A. Work performed in excess of eight (8) hours in any one (1) Work Day;

B. Work performed in excess of forty (40) hours in any one (1) Work Week

Wages at the rate of two (2) times the employee’s straight time hourly wage shall be paid for work performed in excess of forty-eight (48) hours in a Work Week

(J.A. 027, 138)

46 The Arbitrator noted that the parties offered conflicting interpretations of this provision

the Union maintained that the CBA requires “the employer to pay overtime for every hour worked

over 8 hours in a day and for every hour worked over 40 hours in a week,” whereas GVI contended GVI v. Seafarers International Union 2026 VI 14 S. Ct. Civ. No. 2025-0026 Opinion of the Court Page 4 of 14

that overtime should be calculated at the end of the workweek—after 40 straight-time hours—with

overtime pay “based upon the excess of total hours over eight (8) hours in a workday or 40 hours

a week whichever provides the greater compensation,” and that such pay must include effects on

retirement, sick leave, and vacation benefits. (J.A. 139). After addressing GVI’s arguments

concerning “pyramiding,”” “custom and practice,” and benefits impact, the Arbitrator concluded

that GVI’s method of computing overtime was inconsistent with the CBA

47 On September 29, 2022, GVI filed a complaint seeking to vacate the Arbitration Award

Count I sought a declaratory judgment that GVI “is not bound” by the award, and Counts II through

VII asserted alternative bases for vacatur, specifically: that the Arbitrator exceeded his authority

(Count II); that the Arbitration Award was the product of partiality of the Arbitrator (Count III)

that the Arbitrator disregarded the plain language of the CBA (Count IV); that the Arbitrator

manifestly disregarded Virgin Islands law (Count V); that the Arbitration Award fails to satisfy

the test of fundamental rationality (Count VI); and that the Arbitration Award violates public

policy (Count VII)

q8 On November 3, 2022, the Union filed its answer in response to GVI’s complaint and

included a two-count counterclaim seeking confirmation and enforcement of the Arbitration

Award (Count I) and unfair labor practice (Count II)

os Pyramiding” in ihe-labor context refers to the duplication of overtime pay for the same hours worked. As stated in the Arbitration Award, “Pyramiding is ‘paying overtime on overtime’ for instance by paying both daily and weekly overtime for the same hours of work.” (J.A. 139) GVI v. Seafarers International Union 2026 VI 14 S. Ct. Civ. No. 2025-0026 Opinion of the Court Page 5 of 14

q9 | OnNovember 22, 2022, GVI filed its answer to the Union’s counterclaim. The parties filed

a joint submission of the factual record on April 26, 2024, followed by a supplemental submission

on May 22, 2024.3

410 On April 7, 2025, the Superior Court entered an order (“April 7, 2025 Order”) confirming

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hall Street Associates, L. L. C. v. Mattel, Inc.
552 U.S. 576 (Supreme Court, 2008)
Berke v. Bloch
242 F.3d 131 (Third Circuit, 2001)
Beachside Associates, LLC v. Fishman
53 V.I. 700 (Supreme Court of The Virgin Islands, 2010)
In re the Estate of Small
57 V.I. 416 (Supreme Court of The Virgin Islands, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
Govt of the VI, BOC v. United Industrial, Counsel Stack Legal Research, https://law.counselstack.com/opinion/govt-of-the-vi-boc-v-united-industrial-virginislands-2026.