2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51A - Labor Relations; Public Service (§§ 1451 — 1454a) › § 1451i - Right of affiliation—Decertification process

(a) Any group of employees of a bargaining unit may request the decertification of its exclusive representative by the Commission, accompanying the petition with attesting evidence that they have the support of at least thirty percent (30%) of the unit’s employees. A petition for decertification pursuant to this subsection shall not be in order within a period of one (1) year as of the date of the certification of the exclusive representative or when a collective bargaining agreement is in effect.
(b) After a decertification petition has been submitted pursuant to subsection (a) of this section, the Commission shall conduct the corresponding investigation, and if it concludes that the petition meets the requirements established in said subsection and in the Regulations for Election of the Union Representative, it shall direct that an election by secret vote be held to determine the preference of the employees. If the absolute majority of the employees of the bargaining unit votes in favor of the decertification of their exclusive representative, it shall thus certify and direct the same to the Commission with due notice to the agency, the exclusive representative, and the Central Office.
(c) The Commission shall decertify a labor organization as an exclusive representative, by petition of an agency or of any person, should it incur any of the following:
(1) Promote, decree, or call a strike or stoppage, or any other activities that entail the interruption of the work or services, or refuse to carry out its duties or tasks, or reduces the frequency or amount of work, including the so-called sit down strike, in any agency, office or program of the Government of Puerto Rico.
(2) Promote or carry out acts of sabotage or the destruction of installations, equipment or materials of an agency, office or program of the Government of Puerto Rico.
(3) Promote the commission or commit felonious acts of violence against a person or against the property, or an offense against the reputation and moral integrity of executive officials of an agency of the Government of Puerto Rico or the representatives thereof in a negotiation.
(4) Contribute directly or indirectly with finds or property of a labor organization to the election or rejection of a political party or a candidate to public elective office. Funds or property, or resources of an exclusive representative shall not be used to support or reject institutions, political parties or candidates that support or defend alternatives or positions in any electoral event. Referendums called in relation to constitutional amendments that have a direct effect on those labor rights consecrated in the Bill of Rights of the Constitution of Puerto Rico, are excluded from this prohibition. Any exclusive representative that incurs a violation of this clause shall be subject to a fine which shall not exceed five thousand dollars ($5,000) for each violation, or double the amount of the contribution of funds, whichever is greater, at the discretion of the Commission and after the latter has held an administrative hearing in which the labor organization is given the opportunity to contest the facts and introduce evidence in its favor. The imposition of these penalties does not exclude any other sanctions that may be imposed pursuant to law.
In the event that a union of public employees initiates a work stoppage or strike, or performs any of the activities prohibited by this chapter, the Commission, by petition of the agency or any person, shall investigate the occurrence of said activities and determine if in fact such a strike has taken place.
This determination shall be made within forty-eight (48) hours following the filing of the petition or complaint to such effects. Once the determination has been made that said strike does exist, the Commission shall immediately initiate the procedures leading to decertification.
(d) Upon receipt of a petition for decertification under subsection (c) of this section, the Commission shall conduct the corresponding investigation and if it finds that there are reasons to believe that the facts for which the labor organization has been charged have been committed, it shall promptly hold a formal hearing in which the parties shall have ample opportunity to be heard, to submit any type of evidence, and to contest the evidence of the opposing party. If it concludes that the alleged facts have been committed, the Commission shall decertify the exclusive representative and shall also impose the payment of a sum as compensation, taking into consideration the property damages caused and the injury to the public service.
(e) Upon the decertification of an exclusive representative under subsection (c) of this section, any labor organization may request certification as the new exclusive representative, immediately initiating the procedures established in this section for the certification of the exclusive representative.
(f) The members of the board of directors of an organization decertified under subsection (c) of this section and any other person who has been involved in an act which causes the decertification of an exclusive representative under said subsection, shall be prevented from holding office on the board of directors of any labor organization that requests to be certified as exclusive representative of a bargaining unit of public employees for a term of five (5) years as of the date of the decertification.
(g) Upon the decertification of an exclusive representative, the rights and obligations of the employees and of the agency that arise from a collective bargaining agreement shall remain in force for the effectiveness of the agreement in all that is applicable.
(h) If a new exclusive representative is elected before the expiration of the agreement, the latter shall govern the relations between the agency and the new exclusive representative until its expiration date.
History —Feb. 25, 1998, No. 45, § 4.8, renumbered as § 4.7 and amended on Aug. 7, 2001, No. 96, § 2.