reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1451e - Right of affiliation—Bargaining units for collective bargaining purposes

The Commission shall determine the bargaining units which shall exist in the agencies, taking into consideration the following criteria among others:
(a) Community of interests between the employees.
(b) Prevention of excessive fractioning of the units.
(c) Current patterns of formal and informal organization of employees.
(d) Protection of the full enjoyment of the rights recognized in this chapter.
(e) Viability of negotiations.
(f) Operational similarity in work requirements or conditions.
(g) Established personnel system and classification and remuneration plans implemented in the agency.
(h) Agreement between the parties.
History —Feb. 25, 1998, No. 45, § 4.4, renumbered as § 4.3 and amended on Aug. 7, 2001, No. 96, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1451f - Right of affiliation—Exclusive representation

Once a bargaining unit has been certified for collective bargaining purposes by the Commission, there shall not be more than one labor organization to represent the employees included in the bargaining unit. If there is a collective agreement in effect, it may be extended as agreed on by the parties, provided it is for a definite and limited period of time. At no time shall this extension interrupt the terms of a petition for certification or decertification and petitions for classification promulgated in this chapter.
The deduction of fees for non-affiliated employees of bona fide organizations shall only be allowed to the exclusive representative and to the employees not included in the bargaining unit. The automatic deduction of fees and service fees is authorized through the exclusive representative or bona fide organization.
History —Feb. 25, 1998, No. 45, § 4.5, renumbered as § 4.4 and amended on Aug. 7, 2001, No. 96, § 2; May 26, 2006, No. 109, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1451g - Right of affiliation—Application for certification as labor organization

The labor organizations interested in being certified as exclusive representatives of a bargaining unit for collective bargaining purposes shall submit to the Commission evidence which proves that thirty percent (30%) of the total number of employees in said bargaining unit have endorsed a petition for a vote to be taken to determine if they wish to be represented by a labor organization.
Once the Commission certifies the petition, the Commission shall direct that a vote be held among the employees of the bargaining unit. Any labor organization that wishes to participate in said vote shall submit to the commission an endorsement of at least twenty percent (20%) of the total number of employees of the bargaining unit.
The Commission shall certify as the exclusive representative of the employees that labor organization that obtains by secret ballot the support of the majority of the total number of employees who participate in the election.
If none of the labor organizations that participate in this election obtains the vote of the majority of the total number of employees who participate in the election, the Commission shall hold a final election through a secret vote between the two labor organizations that have obtained the largest number of votes and the one of those two that obtains the majority of votes shall be certified as the exclusive representative of the employees.
History —Feb. 25, 1998, No. 45, § 4.6, renumbered as § 4.5 and amended on Aug. 7, 2001, No. 96, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1451h - Right of affiliation—Regulations for the election of the union representative

The Commission shall be empowered to approve regulations for the election of the union representative in which the procedures to be followed by the labor organization and employers shall be established. Said Regulations shall require that the elections be held by casting the ballot designed by the Commission. The right to secret vote shall be guaranteed in every electoral process. The Commission shall supervise the electoral process and shall certify the winning option, pursuant to the provisions established in its regulations and this chapter. The Commission shall hold public hearings for the adoption of the Regulations for the Election of Union Representatives and shall also meet the applicable provisions of §§ 2101 et seq. of this title, known as the “Commonwealth of Puerto Rico Uniform Administrative Procedures Act”. In the drafting of said regulations, the [Commission] shall take into consideration the procedures established in §§ 61 et seq. of Title 29, known as the “National Labor Relations Act”.
History —Feb. 25, 1998, No. 45, § 4.7, renumbered as § 4.6 on Aug. 7, 2001, No. 96, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1451j - Negotiation of collective bargaining agreements—Right and obligation to negotiate

Employees shall enjoy the right to negotiate a collective bargaining agreement with the agency through its exclusive representative, in which the provisions regarding salaries, fringe benefits, and terms and conditions of employment and union shop shall be discussed and agreed upon. The agency shall be bound to negotiate said provisions with the exclusive representative, pursuant to the provisions of the following section[. Nothing contained in the previous subsections prevents an agency or the exclusive representative from negotiating the procedures that management shall observe in the exercise of its authority under this subsection, including procedure to resolve]:
(1) Appeals related to disciplinary actions or personnel removal.
(2) Allegations of violation of the collective bargaining agreement, laws, regulations or any other provision related to what has been established in this clause.
The following matters shall not be negotiable:
(a) The formulation of public policy and decisions inherent to the powers and prerogatives of the Governor, the Legislature and Government Management.
(b) All matters that deny or defraud the merit or non-discrimination principle in the transactions involving career public service personnel.
(c) Procedures and contents of examinations of applicants for employment and the requirement of non-discrimination against them for the reasons stated in the code of laws in effect.
(d) Creation and classification of jobs and their location in the employer’s organization, job descriptions and responsibilities of the positions.
(e) Direction and supervision of employees.
(f) Content, scope and participation in training prepared by the employer.
(g) The administrative and managerial functions of working conditions.
(h) Administration and contracting of retirement and association benefits.
(i) Employer contribution to medical plans in excess of that established by law.
(j) The establishing of special compensation, efficiency, productivity and quality standards.
(k) Closed shop.
History —Feb. 25, 1998, No. 45, § 5.1; Aug. 7, 2001, No. 96, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1451l - Negotiation of collective bargaining agreements—Negotiating committees

The parties may designate negotiating committees to represent them during said process. The agencies may be represented or counseled by components of the Central Office and the Office of Management and Budget. The labor organizations may be represented by those persons designated by their board of directors.
History —Feb. 25, 1998, No. 45, § 5.3, renumbered as § 5.2 on Aug. 7, 2001, No. 96, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1451m - Negotiation of collective bargaining agreements—Ratification of collective bargaining agreements

No collective bargaining agreement shall take effect until it has been ratified by secret vote of the majority of the employees who participate in such a process.
History —Feb. 25, 1998, No. 45, § 5.4, renumbered as § 5.3 and amended on Aug. 7, 2001, No. 96, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1451n - Negotiation of collective bargaining agreements—Procedure in the case of failure to ratify

(a) In the event that the employees fail to ratify a collective bargaining agreement, it shall be submitted again to the parties for additional negotiations. Once the parties have reached new agreements, they shall proceed pursuant to § 1451m of this title.
History —Feb. 25, 1998, No. 45, § 5.5, renumbered as § 5.4 on Aug. 7, 2001, No. 96, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1451o - Negotiation of collective bargaining agreements—Negotiations banned during prohibition period

No negotiations may be conducted during the prohibition period.
History —Feb. 25, 1998, No. 45, § 5.6, renumbered as § 5.5 on Aug. 7, 2001, No. 96, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1451p - Negotiation of collective bargaining agreements—Conciliation and arbitration procedure

(a) The agency or the exclusive representative shall notify the Commission of the existence of an impasse in the process of negotiating a collective bargaining agreement. The notification of the existence of an impasse shall be in writing, with a copy to the other party and to the Central Office.
(b) Once the notice of the existence of an impasse in the negotiation process of a collective bargaining agreement has been received, the Commission shall designate a Conciliator. The Conciliator may be a member of the Panel of Conciliators and Arbitrators, attached to the same. The Conciliator shall immediately begin to take steps directed to resolving the impasse by summoning both parties to appear before him/her and state their respective positions on the matters [subject] to the impasse.
(c) If the impasse continues for a term of thirty (30) days as of the date in which the Conciliator was designated, the latter may recommend that an arbitrator be designated to dilucidate the impasse in a final and binding manner.
(d) The Commission shall appoint a panel of three (3) arbitrators from which the agency and the labor organization shall eliminate one (1) each, and the remaining arbitrator shall be selected and shall act as arbitrator for the solution of the impasse.
(e) The parties shall be bound to submit to the compulsory arbitration procedure and present to the arbitrator the information, documents, positions, budget, numbers, alternatives and all other relevant evidence the latter may request.
(f) Any party that after accepting this procedure fails to appear before the arbitrator or fails to submit the information that has been requested, shall be bound to accept the decision issued by the arbitrator.
(g) The decision or award of the panel shall be final and binding pursuant to law and shall adjust to the parameters contained in Section 5.2 of this Act. The only arbitration awards that can be challenged are those having errors in law, and those that are in contravention to the constitutional provision that prohibits that the appropriations made for one fiscal year exceed the total resources calculated for said year, and shall be considered through judicial action before the Court of Appeals which shall act on the same within a term which shall not exceed thirty (30) days.
(h) The arbitrators of the Commission shall have broad powers to design remedies in the adjudication of controversies set forth by the parties, including the imposition of costs, expenses, attorney fees and interest, among others.
(i) Every arbitration judgment on economic aspects in the negotiation of a collective bargaining agreement shall be final and binding.
History —Feb. 25, 1998, No. 45, § 6.1; Aug. 7, 2001, No. 96, § 4; Sept. 1, 2006, No. 182, § 1; Aug. 15, 2007, No. 112, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1451q - Prohibitions—To strike

It is hereby prohibited to participate, decree, or induce the members of a labor organization or any other group of employees of the public sector whether by a person in his/her individual capacity or by a labor organization to decree or participate in a strike.
Those employees that participate in a strike may be dismissed in accordance to the regulatory provisions on disciplinary actions promulgated by the agency.
History —Feb. 25, 1998, No. 45, § 7.1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1451r - Prohibitions—Lockouts

A lockout, whether total or partial, temporary or permanent, with the purpose of forcing the exclusive representative to reach an agreement in the negotiation of the collective bargaining agreement or with the purpose of exercising undue pressure on the employees, or as reprisal for any action taken by an exclusive representative or the employees that are part of the bargaining unit, is hereby prohibited.
History —Feb. 25, 1998, No. 45, § 7.2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1451t - Prohibitions—Represent more than thirty-five percent (35%) of the employees authorized to form unions

No labor organization in the public sector shall be the exclusive representative of a proportion greater than thirty-five percent (35%) of the employees authorized to form a union on the payroll of the Central Government.
History —Feb. 25, 1998, No. 45, § 7.4, renumbered as § 7.3 on Aug. 7, 2001, No. 96, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1451u - Prohibitions—Represent employees in charge of public protection and safety

Employees of the Civil Defense, the Department of Corrections and Rehabilitation and the civilian employees of the Police shall not have union organizations with affiliates in the private sector of the economy as exclusive representatives.
History —Feb. 25, 1998, No. 45, § 7.5, renumbered as § 7.4 on Aug. 7, 2001, No. 96, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1451v - Prohibitions—Negotiate clauses that represent financial commitments that exceed the available resources

No collective bargaining agreement shall increase, in any of its effective years, the proportion of the average operating budget that an agency has destined for salaries and fringe benefits of the employees covered by the negotiation, during the four (4) years prior to the agreement. For the purposes of estimating the future additional income of the agency and to make the calculations of costs corresponding to the negotiations for each year, the average budgetary percentile increase for the four (4) years prior to the year of the agreement shall be used. In the event that there is no budget increase in the agency during the four (4) years preceding the year of the agreement, the collective bargaining may be conducted as an exception, with the authorization of the governor, within the parameters corresponding to the average percentage of growth of the budget of the general fund of Puerto Rico during the four (4) preceding years, multiplying the same by the factor, point sixty (.60). The product of this last mathematical operation shall be applied to the budget of the agency concerned.
The Office of Management and Budget is hereby empowered to promulgate the necessary regulations for the implementation of the provisions of this section.
The savings made as the result of the elimination or consolidation of positions in an agency may be used, up to seventy-five percent (75%) of the amount of the salaries appropriated to the eliminated or consolidated positions, to improve the working conditions and remuneration of the employees of the agency.
History —Feb. 25, 1998, No. 45, § 7.6, renumbered as § 7.5 on Aug. 7, 2001, No. 96, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1451w - Prohibitions—Negotiate retroactively

No agreement signed under this chapter may take effect retroactively. No signed collective bargaining agreement or contract shall take effect prior to the date it is signed.
History —Feb. 25, 1998, No. 45, § 7.7, renumbered as § 7.6 on Aug. 7, 2001, No. 96, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1451x - Prohibitions—Term and extension of agreements

The collective agreements signed by virtue of this chapter shall not have an original effective term of more than three (3) years. The effectiveness of an agreement may be extended throughout the negotiation by agreement between the parties or pursuant to the terms provided in the agreement including the grievances and complaints procedure, excluding those provisions of economic impact, provided it is for a definite and limited term. At no time shall this extension interrupt the terms of any petition for certification or decertification and petitions for classification promulgated in this chapter. Any clause that is contrary to this prohibition shall be null.
History —Feb. 25, 1998, No. 45, § 7.8, renumbered as § 7.7 on Aug. 7, 2001, No. 96, § 5; May 26, 2006, No. 109, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452 - Arbitration of complaints and grievances

(a) Every controversy that arises from a collective bargaining agreement negotiated between the parties, shall be settled through the mechanism established in the collective bargaining for the adjustment of complaints and grievances.
(b) Every agreement between the exclusive representative and the agency shall include procedures for the resolution of complaints and grievances, including arbitration, that may arise during the effectiveness of an agreement, including controversies on the application and interpretation of its clauses.
(c) The parties shall have the obligation to avail themselves of the arbitration service provided by the Labor Relations Commission in the Public Sector.
History —Feb. 25, 1998, No. 45, § 8.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452a - Unfair practices of the agency

It shall be an unfair practice of the agency or of any of its representatives to perform or attempt to perform any of the following acts:
(a) Intervene, coerce or restrict one or more of its employees regarding his/her decision to exercise the rights recognized in this chapter or not.
(b) Refuse to negotiate in good faith with an exclusive representative duly-certified by the Commission.
(c) Violate the terms of a collective bargaining agreement. However, the Commission may dismiss charges for a violation of this subsection if the exclusive representative with whom the agreement was signed is, in turn, found guilty of a violation of the agreement or has failed to comply with an order of the Commission regarding any unfair practice.
(d) Does not accept or does not comply with the award of an arbitrator or a panel of arbitrators after submitting to an arbitration procedure. However, the Commission may dismiss any filing of charges for a violation of this subsection if the exclusive representative with whom the agreement to submit the controversy to arbitration was reached, is, in turn, found to have violated the award or has not complied with an order of the Commission regarding any unfair practice.
(e) Refuses to follow and comply with the procedures established by the law when there is a impasse.
(f) Refuses to submit the complaints, grievances and other controversies that may arise, to the procedures provided in an agreement or in this chapter with the exclusive representative, except in special cases in which the [Commission] may intervene directly.
(g) Dismiss or otherwise discriminate against an employee because he/she has filed a complaint, given information or testimony, or plans to carry out any of these actions pursuant to this chapter.
(h) Intervene or participate in the organization or administration of any employee organization, or contribute to it through economic assistance or otherwise, except for the deduction of fees authorized by this chapter.
(i) Stimulate or discourage employees to join any labor organization or to participate in the activities thereof, through discrimination when employing, dismissing, granting permanency of employment, or with regard to other terms or conditions of employment.
(j) Fails to maintain a neutral attitude before or during any election to determine the representative for collective bargaining.
(k) Suspends the payments of insurance, medical plans of the employees and dependents thereof, while a new collective bargaining agreement is being negotiated.
History —Feb. 25, 1998, No. 45, § 9.1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452b - Unfair practices of the labor organizations or its members

It shall be an unfair practice for an employee organization or any of its members, acting individually or in agreement with others, to carry out or attempt to carry out any of the following acts:
(a) Intervene, coerce or restrict one or more employees with regard to their decision to exercise the rights recognized in this chapter or not.
(b) Refuse to negotiate in good faith with the agency after obtaining the certification as exclusive representative.
(c) Violate the terms of a collective bargaining agreement. However, the Commission may dismiss charges for a violation of this subsection if the agency with which the agreement was signed is, in turn, found guilty of a violation of the agreement, or has failed to comply with an order of the Commission regarding any unfair practice.
(d) Does not accept or does not comply with the decision of an arbitrator or a panel of arbitrators after submitting to an arbitration process. However, the Commission may dismiss the filing of any charges for a violation of this subsection if the agency with which the agreement to submit the controversy to arbitration was reached, is, in turn, found to have violated the decision or has not complied with an order of the Commission regarding any unfair practice.
(e) Refuse to follow or comply with the procedures established by the law when there is a impasse in the negotiations.
(f) Refuses to submit the complaints, grievances and other controversies that may arise with the agency or with other employee organization to the procedures provided in the agreement or in this chapter, except in the special cases in which the Committee agrees to intervene directly.
(g) Induce the agency to dismiss or to otherwise discriminate against an employee because he/she has filed a complaint, given information or testimony, or plans to carry out any of these actions pursuant to this chapter, or because said employee joined or refused to join a labor organization.
History —Feb. 25, 1998, No. 45, § 9.2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452d - Jurisdiction—Court of Appeals

The Court of Appeals, by petition of one of the parties, shall have jurisdiction to intervene, at its discretion, in the appeals for the review of orders and final resolutions of the Commission according to the terms provided in §§ 2101 et seq. of this title, known as the “Uniform Administrative Procedure Act”. The appeals for review shall be of the competence of the Panels of the San Juan Judicial Region.
The Court of Appeals shall be bound to issue an order in those cases in which the Commission, after imposing a fine, requests through an ex-parte motion, an order to freeze a sum of money equal to the amount of the fine imposed, from the funds of the union organization.
History —Feb. 25, 1998, No. 45, § 10.1; Aug. 15, 2007, No. 112, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452e - Jurisdiction—Court of First Instance

The Court of First Instance shall have jurisdiction to:
(a) Direct that the orders and final resolutions of the Commission be enforced, once they are reviewed by the Court of Appeals, in those cases in which an appeal has been made to this court pursuant to the provisions of this chapter.
(b) Direct that the orders and final resolutions of the Commission which have not been appealed before the Court of Appeals be enforced once the terms for reconsideration before the Commission and review before the Supreme Court have elapsed.
(c) Issue any provisional order of appeal or injunction that the Commission deems necessary.
History —Feb. 25, 1998, No. 45, § 10.2; Aug. 15, 2007, No. 112, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452f - Public Service Labor Relations Commission—Creation and composition

The Public Service Labor Relations Commission is hereby created which shall be composed of a Chairperson and two (2) associate members, appointed by the Governor, with the advice and consent of the Senate.
History —Feb. 25, 1998, No. 45, § 11.1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452g - Public Service Labor Relations Commission—Terms of the appointments

The members of the Commission shall be initially appointed for the following terms: the Chairperson shall be appointed for ten (10) years, an associate member for eight (8) years, and another associate member for six (6) years. Subsequent appointments shall be for ten (10) year terms.
The members of the Commission shall hold office for the term of their appointment. The Governor shall designate a new member within a ninety (90) day period after the date the appointment expires. If he/she fails to do so, the incumbent shall cease in office and the same shall become vacant. In the case of vacancies in the Commission prior to the expiration of the term of appointment of any of the members, the Governor shall designate, a substitute member with the advice and consent of the Senate, for the remainder of said member’s term.
History —Feb. 25, 1998, No. 45, § 11.2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452h - Removal

The Governor may initiate, through the filing of charges, the procedure for the removal of a member of the Commission for negligence or illegal or improper conduct in the discharge of his office. Said removal procedure shall be initiated by the filing of charges before an Administrative Judge designated by the Governor. The designated Administrative Judge shall order the dismissal of the charges, or shall conduct the investigation he/she deems pertinent.
If after conducting the investigation, it is determined that cause for action exists, the Administrative Judge shall grant a hearing as soon as possible to give the parties the opportunity to be heard, together with their witnesses. If the Administrative Judge finds that the charges have been established, he/she shall issue a final determination and shall proceed to remove the member of the Commission. The member of the Commission thus removed may appeal the decision before the Court of Appeals within a term of thirty (30) days after receiving the notice of the Administrative Judge.
History —Feb. 25, 1998, No. 45, § 11.3; Aug. 15, 2007, No. 112, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452i - Public Service Labor Relations Commission—Full-time positions

The members of the Commission shall be full-time officials. During their term of office, they shall not hold any other public office, nor may they receive compensation from any government agency or private entity, nor shall they practice their profession or occupation.
History —Feb. 25, 1998, No. 45, § 11.4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452j - Public Service Labor Relations Commission—Salary

The salary of the Chairperson of the Commission shall be equal to the salary of the judges of the Court of Appeals. The annual salary of the associate members shall be five thousand dollars ($5,000) less than that of the Chairperson of the Commission.
History —Feb. 25, 1998, No. 45, § 11.5; Aug. 15, 2007, No. 112, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452k - Public Service Labor Relations Commission—Retirement System and deductions for savings for the Commonwealth Employee’s Association

The Chairperson and the members of the Commission may avail themselves, at their option, of the benefits of the Commonwealth Employees’ Retirement System, in which case the Commission shall be under the obligation to pay the corresponding employer’s contribution and process all necessary documents. Furthermore, the Chairperson and the members of the Commission may avail themselves, at their option, of the savings and loan benefits and other services offered by the Commonwealth of Puerto Rico Employees’ Association.
History —Feb. 25, 1998, No. 45, § 11.6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452l - Public Service Labor Relations Commission—Central offices

The central offices of the Commission shall be located in San Juan, but the Commission may be constituted and act in any municipality within the jurisdiction of the Government of Puerto Rico.
History —Feb. 25, 1998, No. 45, § 11.7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452m - Public Service Labor Relations Commission—Duties of the Chairperson

The Chairperson of the Committee shall be its administrative head and all matters of an administrative nature shall be handled by him/her. The Chairperson shall be empowered to appoint the administrative and professional personnel needed.
History —Feb. 25, 1998, No. 45, § 11.8.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452n - Public Service Labor Relations Commission—Secretary

The Chairperson shall appoint a Secretary, who shall hold office while he/she has the trust of the Chairperson. The Secretary shall have all those duties that the Chairperson or the Commission assigns to him/her in the by-laws.
History —Feb. 25, 1998, No. 45, § 11.9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452o - Public Service Labor Relations Commission—Classification of personnel

The personnel of the Commission shall be excluded from the provisions of Act No. 5 of October 14, 1975, known as the “Puerto Rico Public Service Personnel Act”. However, the Chairperson of the Commission must approve Personnel Regulations which establish the merit principle set forth in said act, a Classification and Remuneration Plan, and Conduct and Disciplinary Procedures Regulations applicable to the Commission personnel. The employees of the Commission shall enjoy all the benefits granted to public employees, with the exception of those expressly excluded by law.
History —Feb. 25, 1998, No. 45, § 11.10.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452p - Public Service Labor Relations Commission—Budget

The Commission shall submit its annual operating and capital improvements budget to the consideration of the Legislature, through the Office of Management and Budget, which shall offer its comments and recommendations on the same.
History —Feb. 25, 1998, No. 45, § 11.11.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452q - Public Service Labor Relations Commission—Juridical personality

The Commission shall have juridical personality to sue and be sued and for the purposes of appearing before any part of the General Court of Justice, any board, committee, agency or administrative body.
History —Feb. 25, 1998, No. 45, § 11.12.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452r - Public Service Labor Relations Commission—Quorum

Two (2) members shall constitute quorum for all determinations that require the action of the Commission in full.
History —Feb. 25, 1998, No. 45, § 11.13.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452s - Public Service Labor Relations Commission—Action of the members as examining officials

The members of the Commission may act as examining officials in any case that the Chairperson deems convenient, and as established by regulations. The member who has acted as examining official in a case shall not be prevented from participating in the procedures of the Commission in full.
History —Feb. 25, 1998, No. 45, § 11.14.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452u - Compensation to witnesses

Witnesses summoned to appear before the Commission or before any of its members or authorized agents who are public employees, shall be granted a judicial leave with pay for the term of said summons. Those witnesses who are not public employees shall receive the same per diems and remuneration for mileage paid to witnesses in the Courts of Justice.
History —Feb. 25, 1998, No. 45, § 11.16.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452v - Self-incrimination of witnesses

No person may refuse to appear and testify or produce any documentary evidence required, by alleging that the testimony or evidence required by the Commission may incriminate or expose him/her to a criminal process. However, no person shall be prosecuted nor subject to punishment or expropriation whatsoever for any transaction or matter with regard to which he/she must give testimony or submit evidence after having claimed his/her privilege not to testify against him/herself, except that said person may be prosecuted for perjury committed during his testimony before the Commission.
History —Feb. 25, 1998, No. 45, § 11.17.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452w - Production of documents

The departments, agencies, municipalities, public corporations and other subdivisions of the Government of Puerto Rico shall furnish to the Commission, by petition thereof, all files, documents and reports not privileged by law that they have with regard to any matter in which the Commission is intervening.
History —Feb. 25, 1998, No. 45, § 11.18.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1453 - Jurisdiction of administrative appeals mechanisms—Board of Appeals of the Personnel Administration System

The Board of Appeals of the Personnel Administration System, created by Section 7 of Act No. 5 of October 14, 1975, known as the “Public Service Personnel Act,” shall retain its current jurisdiction for those cases in which the employees affected are not covered by this chapter.
The Board shall gradually reduce its personnel in the measure that the cases presented before it are reduced. The Board may transfer personnel to the Commission to those positions for which they qualify, and subject to the acceptance of the employees affected by the transfer.
History —Feb. 25, 1998, No. 45, § 14.1; Aug. 7, 2001, No. 96, § 7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1453a - Jurisdiction of administrative appeals mechanisms—Board of Appeals of the Education System

The Board of Appeals of the Education System, created pursuant to § 274e of Title 18, shall retain its current jurisdiction for those cases in which the employees affected are not covered by this chapter.
The Board shall gradually reduce its personnel in the measure that the cases presented before are it reduced. The Board may transfer personnel to the Commission to those positions for which they qualify, and subject to the acceptance of the employees affected by the transfer.
History —Feb. 25, 1998, No. 45, § 14.2; Aug. 7, 2001, No. 96, § 7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1453b - Transitory provisions—Beginning of the operations of the Public Service Labor Relations Commission

The Commission shall begin its operations as of July 1, 1998, so that it shall be prepared to administer the provisions of this chapter on January 1, 1999. During the period from July 1, 1998 to December 31, 1998, the Commission shall approve the regulations deemed necessary to administer this chapter; it shall have established its office in the city of San Juan; it shall have drafted the procedures to be observed before it; it shall have designed the forms and documents needed to carry out its functions, and shall have recruited and selected the minimum personnel needed to begin normal operations on January 1, 1999.
History —Feb. 25, 1998, No. 45, § 15.1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1453c - Employees who are not organized in unions

The employees who have not organized in unions, pursuant to the provisions of this chapter, shall continue to be covered with respect to all their rights and obligations in their employment by the Public Service Personnel Act, supra, as well as by any other law that grants them a specific right or benefit.
The conditions of employment, salary and other benefits of the employees who have not organized in unions shall be established by the Legislature.
History —Feb. 25, 1998, No. 45, § 15.2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1453d - Duties and rights of the exclusive representatives and its members—Reports to the Commission

Every exclusive representative shall submit the following to the consideration of the Commission:
(a) Within a thirty (30) day term from the date on which it is certified, a report containing the following information:
(1) Name and address of the organization;
(2) name and address of its officials and of the person authorized to receive notices and summons;
(3) the amount required from its members for initiation fees, periodic fees, or service charges to unaffiliated employees, and
(4) copies of its constitution, by-laws and collective bargaining agreements granted.
(b) Each year, it shall remit a copy of its financial reports duly audited and certified by a certified public accountant, by an accountant or by the Labor Union Services Bureau of the Department of Labor and Human Resource[s]. These reports shall be submitted within a term of one hundred and twenty (120) days as of the closing date of their annual operations. Said reports shall be fled with the Commission remitted to the members of the labor organization.
(c) After each election and within a term of fifteen (15) days counting from the same, it shall remit a report to the Commission that contains the names and addresses of the officials and of the person authorized to receive notices and summons.
(d) Any change in the information referred to in the preceding subsections, as soon as it occurs.
History —Feb. 25, 1998, No. 45, § 16.1; Aug. 7, 2001, No. 96, § 8.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1453e - Accounting books and financial reports

Every exclusive representative shall keep and conserve accounting books which show its transactions faithfully and exactly according to generally accepted accounting principles and shall keep the vouchers and documents that evidence said transactions for a term of five (5) years.
In those cases in which the exclusive representative also represents employees who are not covered by this chapter, said exclusive representatives shall have the obligation to maintain a separate accounting system which will only allow, the inspection of the income, accounts and disbursements received by the application of this chapter.
History —Feb. 25, 1998, No. 45, § 16.2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1453f - Duty to approve a constitution and bylaws

Every exclusive representative at the time of its certification shall have promulgated a constitution and bylaws for its members establishing the basic principles within which it shall operate. The constitution and the by-laws of all labor organizations shall comply with all the provisions of this chapter.
History —Feb. 25, 1998, No. 45, § 16.3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1453g - Capacity to sue or be sued

Every duly certified exclusive representative may sue or be sued, and appear as plaintiff or defendant before the Commission, the courts of justice and before any other administrative body, as en entity or as the representative of its members.
History —Feb. 25, 1998, No. 45, § 16.4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1453h - Rights of the members of a labor organization

The constitution and the regulations that must be approved by every exclusive representative shall establish the rights of its members. At least the following must be provided through one document or another:
(a) Periodic elections at intervals of not more than three (3) years, through direct, individual and secret vote, for the election of their officials.
(b) Guarantees that ensure the right to aspire to any elective office under conditions equal to those of other members and officials.
(c) The right to nominate candidates to elective office and to participate in the corresponding elections.
(d) The right to participate effectively in the affairs and activities of the labor organization.
(e) The right to determine the initiation and periodic fees and the modifications thereof, through the secret vote of the absolute majority of the members.
(f) The right to a disciplinary procedure which assures the affected members receipt of notice of specific charges in writing; the time to prepare their defense, and a fair and reasonable hearing with ample opportunity to defend themselves adequately.
(g) The right to receive a copy of the constitution and regulations of the labor organization, as well as of the collective bargaining agreements that are applicable, and to examine the books and financial reports of the organization at a reasonable time and place, upon prior notice.
(h) Assurance that a general report of the operations of the exclusive representative, as well as its balance sheet, certified by a certified public accountant or by an accountant or by the Labor Union Services Bureau of the Department of Labor and Human Resources, are circulated each year among the members, within one hundred and twenty (120) days following the close of its annual operations.
(i) The right to file suits or procedures before the Commission, the courts of justice or the administrative agencies, even when the agency itself or the exclusive representative or any of its officials appear in the same as defendant or accused.
(j) The right to appear as witnesses in any judicial, administrative or legislative proceeding, and make petitions to the Legislature, or communicate with any legislator, without being exposed to any sanction or penalty by the exclusive representative.
History —Feb. 25, 1998, No. 45, § 16.5; Aug. 7, 2001, No. 96, § 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1453i - Disciplinary actions

The exclusive representatives may take disciplinary action against its members solely according to the procedures previously established in its constitution or regulations, when the affected members have violated valid norms contained in any of said documents.
History —Feb. 25, 1998, No. 45, § 16.6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1453j - Complaints of employees directly to the agency

Any employee may file a complaint against his/her agency directly to it when the exclusive representative has clearly or implicitly refused to do so, but the exclusive representative shall have the right to be notified and to be present and intervene in the discussion of the complaint. However, no adjustment or remedy granted by the agency shall be in conflict with the terms of a collective bargaining agreement in effect.
History —Feb. 25, 1998, No. 45, § 16.7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1454 - Option not to become affiliated

Those employees who are part of a unit suited for collective bargaining purposes which is duly certified by the Commission and who choose not to become affiliated or to be represented by the duly certified labor organization, may request to be excluded from the same by submitting a notice to that effect to the head of the agency with copy thereof to the exclusive representative, within thirty (30) days following the certification notice of the exclusive representative.
History —Feb. 25, 1998, No. 45, added as § 17.1 on Aug. 7, 2001, No. 96, § 10.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1454a - Service charge

The members of the suitable unit that choose not to affiliate themselves shall pay to the exclusive representative a service fee for a maximum amount of up to fifty percent (50%) of the established regular fee to be paid by the affiliates to the exclusive representative. They shall also have to observe the provisions of the collective bargaining agreement regarding the procedures to discuss complaints, grievances and arbitration and shall also be subject in equal measure to the provisions of the collective bargaining agreement regarding salaries, fringe benefits and working conditions.
History —Feb. 25, 1998, No. 45, added as § 17.2 on Aug. 7, 2001, No. 96, § 10.