2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 3 - Labor Relations (§§ 41 — 100e) › Subchapter II - Labor Relations Law (§§ 61 — 76) › § 69 - Unfair labor practices—Defined and enumerated

(1) It shall be an unfair labor practice for an employer acting individually or in concert with others:
(a) To interfere with, restrain or exercise coercion upon, or to attempt to interfere with, restrain or exercise coercion upon his employees in the exercise of the rights guaranteed in § 65 of this title.
(b) To initiate, create, establish, dominate, interfere with or attempt to initiate, create, establish, dominate or interfere with the formation or administration of any labor organization or to contribute financial or other support to the same; Provided, That an employer shall not be prohibited from deducting any sum of money from the salary, earnings or income of an employee for the payment of dues to a labor organization when such deduction is required by the terms of a collective bargaining contract entered into between the employer and a labor organization not established, maintained or supported by any action defined in this subchapter as an unfair labor practice, if such labor organization represents a majority of his employees as provided for by § 66(1) of this title in an appropriate unit covered by such contract.
(c) To encourage, discourage or attempt to encourage or discourage membership in any labor organization by discrimination in regard to hiring, firing, or in connection with the tenure or other terms or conditions of employment, including a lockout; Provided, That nothing herein contained prohibits an employer from making an all-union shop contract or a maintenance of membership agreement with any labor organization that has not been established, maintained or assisted by any action defined in this subchapter as an unfair labor practice, if such labor organization represents a majority of the employees in an appropriate unit with authority for collective bargaining.
(d) To refuse to bargain collectively with the representative of a majority of his employees in a unit appropriate for collective bargaining, subject to the provisions of § 66 of this title. For purposes of the collective bargaining, subcontracting shall be considered a mandatory issue for negotiation.
(e) To bargain or make a collective bargaining contract with a representative for the purpose of collective bargaining who does not represent a majority of the employees in a unit appropriate for collective bargaining.
(f) To violate the terms of a collective bargaining contract, including an agreement to accept an arbitration award whether the same is or is not included in a collective bargaining contract; Provided, however, That the Board may dismiss any charge in which there is alleged a violation of this subsection, if the union that is party to the contract is guilty of a current breach of the contract or has not complied with an order of the Board concerning any unfair labor practice as provided by this subchapter.
(g) To fail to maintain a neutral position before or during any election for the purpose of determining the representative for collective bargaining of his employees, by interfering with or attempting to influence his employees by making such statements or remarks, and engaging in such conduct as tend to coerce, restrain, discourage or hinder the free exercise by his employees of their right to select a representative for the purpose of collective bargaining according to the provisions of this subchapter.
(h) To discharge or otherwise discriminate against an employee because he has filed charges or given information or testimony under the provisions of this subchapter.
(i) Fail to employ or reinstate to his former position, or, in the event of its nonexistence, to a substantially equivalent position, an employee who has been discharged in violation of subsection (2)(b) of this section.
(j) To discharge or otherwise discriminate against a supervisor because he refuses to assist, participate in or in any other manner engage, directly or indirectly, in activities on behalf of an employer in the commission of an unfair labor practice as defined in this subchapter.
(k) To stop or indicate the intention to stop the payments for the medical plans and insurance of the employees and their dependents while a new collective bargaining agreement is being negotiated or during a strike, provided there has been a prior written request by the union that represents the employees for the employer to continue said payments.
Provided, That if during the process of negotiating a new medical plan or to extend the one in effect the premiums fixed by the insurers increase, the employer shall not be bound to include the increase in his payments until the union or the workers agree to defray the difference in the cost of their contributions, if any, until the new agreement is signed.
(2) It shall be an unfair labor practice for a labor organization acting individually or in concert with others:
(a) To violate the terms of a collective bargaining contract including an agreement to accept an arbitration award whether the same is or is not included in a collective bargaining contract; Provided, however, That the Board may dismiss any charge in which there is alleged a violation of this subsection if the employer that is a party to the contract is guilty either of a current breach of the contract or has not complied with an order of the Board concerning any unfair labor practice as provided by this subchapter.
(b) To unjustifiably exclude or suspend from the membership of a labor organization any employee in a collective bargaining unit on whose behalf the labor organization has executed an all-union or maintenance of membership agreement. For violation of this subsection, the Board may, in its discretion, order the temporary suspension or the permanent termination of such clause of the collective bargaining contract that requires all the employees in said bargaining unit, as a condition of employment, to belong to one sole labor organization or that the members of said organization maintain themselves in good standing as members of the same during the life of the contract.
—May 8, 1945, No. 130, p. 406, § 8; Mar. 7, 1946, No. 6, p. 18, § 1; June 22, 1965, No. 68, p. 139; July 15, 1988, No. 97, p. 402.
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