2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1452c - Procedure to handle allegations of unfair practices

Any agency, exclusive representative, or interested party may allege the existence of an unfair practice through the filing of a complaint before the Commission. To handle said charges before the Commission, the procedure shall be as follows:
(a) The Commission shall conduct an investigation of the charges alleged and shall prepare a report regarding the same. If the Commission finds that there are no grounds for the charges of unfair practices, it shall close and file the case through an order to such effect.
(b) If the Commission determines that the person charged is probably incurring unfair practices and is causing serious damages to an affected party, it may issue a provisional cease and desist order and prescribe therein the terms and corrective conditions it deems necessary. Within five (5) days following the issue of such an order, the Commission shall hold a hearing in which in which it shall be resolved whether the order issued is to be made permanent or rendered ineffective. The orders issued under this subsection shall be served to the persons at their place of business or by certified mail to their last known address.
(c) If the Commission determines that there are sufficient grounds for the charge of unfair practice, but that no serious damage is being caused to any of the parties, it shall serve the person charged with the complaint which shall contain all the charges together with a summons to appear at a hearing which shall be held within thirty (30) days following the date of service thereof. The summons to a hearing shall indicate the place, date and time that it shall be held. A copy of the notice shall be remitted to the person, agency or exclusive representative who has filed the charges before the Commission.
(d) The Commission can delegate on any of its members or on any of its officials or employees to carry out the investigation of a complaint, render a report, preside over a hearing and take statements from the parties, witnesses or any person it deems necessary.
(e) The defendant shall answer the complaint within a term of ten (10) days from the date on which the same was served on him/her. All the allegations contained in the complaint that are not denied by the person charged therewith shall be deemed as admitted and the Commission may, by virtue thereof, make findings of fact and conclusions of law. The defendant, as well as the person, agency or exclusive representative who has filed the charges may introduce attesting or documentary evidence at the hearing. The Commission, at its discretion, shall allow any other person to intervene and present evidence at the hearing. The order for the introduction of evidence at the hearing shall be determined by the person who is presiding.
(f) The rules of evidence shall not be of mandatory application at the hearing.
(g) If the Commission determines, on the grounds of the evidence presented before it, that the person charged did not incur an unfair practice, it shall issue a resolution containing its findings of fact, conclusions of law and an order dismissing the complaint, which shall be served on the parties.
(h) If the Commission determines, on the grounds of the evidence presented before it, the defendant has incurred the unfair practice charged in the complaint, it shall issue a resolution that contains its findings of fact, conclusions of law and an order to cease and desist from said practice and to take whatever affirmative action the Commission deems necessary. Said order shall be served on the parties. The order may also require that a periodic report be rendered to the Commission showing the manner that said order has been complied with or is being complied with.
(i) Any party adversely affected by an order of the Commission may request its reconsideration within the term of twenty (20) days counting from the date of service. Once a term of fifteen (15) days has elapsed, if the Commission has not proceeded with the reconsideration, it shall be understood that it has been tacitly rejected. If the Commission decides to proceed with the reconsideration on its merits, it shall resolve the same within a term of ninety (90) days.
(j) Any party adversely affected by the final order of the Commission may request a review thereof before the Court of Appeals by filing before said court a written petition requesting that the Commission’s order be modified or revoked. The petition for review shall be filed within a term of thirty (30) days from the date on which the order became final. A copy of said review shall be filed with the Commission on the same day it is filed before the court. The petition for review shall include a summary of the case, the alleged errors of the Commission and the findings of fact and conclusions of law that justify the modification or revocation of the resolution. The petition shall also include a copy of the resolution and order of the Commission. When the party deems that it is essential for its allegations to submit to the court the complete transcription of the proceedings before the Commission, it shall request the court to issue an order to such effects. The Commission shall issue the certified transcription free of all charges or fees when the petitioner is insolvent. No evidence which has not been submitted before the Commission shall be taken into consideration by the court unless said omission or negligence in the filing of said evidence is excused because of special circumstances. The determinations of the Commission regarding the facts, if supported by evidence, shall be conclusive. If the petitioner requests the court’s permission to submit additional evidence and proves to its satisfaction that said evidence is material, and that the same was not available to be introduced in the hearing held before the Commission, the court may order the case to be remanded to the Commission for it to consider the new evidence. The Commission may modify its conclusions regarding the facts or arrive at new conclusions, which, if supported by the evidence shall be conclusive. The Commission shall file its recommendations before the court for the modification or revocation of its original order.
(k) Once the terms for reconsideration before the Commission and for review before the Court of Appeals have elapsed, the orders of the Commission shall be final and binding.
(l) Regardless of its own power to do so, the Commission may appeal to the Court of First Instance requesting that an order to cease and desist issued by it be enforced or requesting that any other provisional order of remedy or prohibition that it deems necessary be issued. Together with its petition, the Commission shall certify and file a summary of the case and a certified copy of its file, before the court, including a copy of the resolution containing the findings of fact, conclusions of law and the order. Once it has been filed, the court shall serve the petition on the person to whom the order is addressed, thus acquiring jurisdiction to issue the provisional remedy or prohibition order it deems fair and proper, and shall decree a judgment, on the grounds of the allegations, and the statements and procedures indicated in the transcription, enforcing, modifying or revoking the Commission’s order, in whole or in part.
(m) The procedures provided in subsections (j) and (m) of this section shall not stay compliance of an order of the Commission unless it the corresponding court expressly orders it.
(n) Until a certified copy of the record is filed in a court, the Commission upon prior reasonable notice and in the manner deemed adequate, may at any time, modify or annul any conclusion or any order made or issued by it, in whole or in part.
(o) The petitions to enforce the orders of the Commission filed under this section before the Court of First Instance shall have preference over any civil suit of a different nature pending before said Court and shall be dispatched within ten (10) days from the date of their filing.
History —Feb. 25, 1998, No. 45, § 9.3; Aug. 15, 2007, No. 112, § 2.