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) › § 68 - Unfair labor practices—Powers of Board to investigate

(a) The Board shall have power in the manner hereinafter provided, to prevent any person from engaging in any of the unfair labor practices enumerated in § 69 of this title. This power shall be exclusive and shall not be affected by any other method of adjustment or prevention.
(b) The Board shall have the power to conduct a preliminary investigation of all the charges and petitions filed in accordance with the provisions of §§ 66 and 70 of this title, for the purpose of determining whether or not further proceedings shall be instituted and hearings held. If in the opinion of the Board, the charge or petition filed justifies the institution of further proceedings, the Board may proceed in its own name as is provided in § 66 or 70 of this title, as the case may be.
(c) For the purpose of all the hearings and investigations which in the opinion of the Board may be necessary and proper for the exercise of the powers granted to it by this subchapter, the Board or its agents or agencies duly authorized shall, at all reasonable times, for the purpose of examining and with the right to copy the same, have access to any evidence of any person under investigation or against whom proceedings have been instituted, which evidence is related to any matter under investigation by the Board or which is in controversy. Any member of the Board shall have the power to issue subpoenas requiring the appearance and statements of witnesses and the production of any evidence related to any matter under investigation or which is in controversy before the Board or before one of its members, agents or agencies that is holding a hearing or conducting an investigation. Any member of the Board or any agent or agency designated by the Board for such purposes, may administer oaths and affirmations, examine witnesses and receive evidence. The said appearance of witnesses and production of evidence may be required from any place in Puerto Rico, to have effect in any place in Puerto Rico designated for the holding of hearings and investigations, according to the provisions of this subchapter.
(d) In the case of a failure or refusal to obey a subpoena issued against any person by the Board or one of its members, any part of the Court of First Instance of Puerto Rico within whose jurisdiction such person guilty or such failure or refusal may be found, resides or carries on a business shall, upon petition of the Board, have jurisdiction to issue an order against such person requiring him to appear before the Board or before one of its members, agent or agency to produce evidence if he shall be so ordered or to testify concerning the matter under investigation or being heard; and any failure to obey such order of the court may be punished by the same as a contempt of court.
(e) No person shall be excused from appearing and testifying, or producing books, files, correspondence, documents or other evidence in obedience to the subpoena issued by the Board or any of its members, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to penalty or forfeiture; but no individual may be prosecuted or be subject to penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may be forced, after claiming his privilege against self-incrimination, to testify or produce evidence, except that such individual who so testifies shall not be exempt from prosecution or punishment for perjury committed in so testifying.
(f) Complaints, orders, subpoenas or other documents of the Board, of any of its members, agent or agency may be served personally or by registered mail or by telegraph or by leaving a copy of the same in the principal office or place of business of the person, employer, or labor organization to be notified. An affidavit of the individual serving the same in which shall be stated the manner of service shall be proof of service and the return receipt from the postal or telegraph office, as stated above, shall also be proof of service. The witnesses summoned before the Board or before any of its members, agent or agency shall receive the same fees and mileage as are paid to witnesses in the courts of Puerto Rico, and the witnesses whose testimony is taken out of the hearings shall have the right to the same fees that are paid for similar services in the courts of Puerto Rico.
(g) All the process of any court in which a petition may be filed in accordance with this subchapter, may be served in the part of the court in which the person to be served resides or may be found.
(h) The various departments and agencies of the Government shall furnish to the Board, upon request from the same, all the records, documents, and reports they may have in connection with any matter pending before the Board.
(i) The Board is empowered to adopt an official seal. There shall be a presumption of regularity of all orders, communications, subpoenas, decisions, and certifications of the Board which, when issued over said seal, shall be recognized as official documents of the Board.
History —May 8, 1945, No. 130, p. 406, § 7; Mar. 7, 1946, No. 6, p. 18, § 1.