P.R. Laws tit. 3, § 8810
Even though the issues herein contained are of great public interest, it is also important to watch over the rights of the employees affected by the actions to be taken pursuant to the provisions of this chapter, and thus offer them the opportunity of achieving a prompt and just solution to their claims.
(a) CASARH shall have jurisdiction to hear appeals that arise as consequence of the actions or decisions taken pursuant to this chapter in all that is not in conflict with the same, submitted by those employees not covered by the provisions of the “Public Service Labor Relations Act”, §§ 1451 et seq. of this title. It shall likewise have voluntary appellate jurisdiction over employees of those agencies excluded from the application of the provisions of the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico of 2004”, who are not members of a labor union, with respect to appeals arising from actions or decisions made pursuant to this chapter in all that is not in conflict with the same. The proceedings before CASARH shall be governed by the provisions of §§ 1461 et seq. of this title, and its regulations.
(b) The Commission created under § 1452f of this title, shall keep its jurisdiction to try charges for unlawful practices and to render arbitration services with respect to actions or decisions covered by §§ 1451 et seq. of this title, in accordance with the provisions of this chapter. The proceedings before said Commission shall be governed by the provisions of §§ 1451 et seq. of this title, and its regulations. Provided, That in accordance with the provisions of this chapter, no action carried our pursuant to its provisions shall constitute a violation to the existing collective bargaining agreements, or a refusal to negotiate in good faith or an unlawful practice.
(c) In view of the possibility of an increase in the number of claims before the Commission, and to assure a due process of law and a fair and speedy solution in the proceedings before said bodies, the composition of the Commission is increased to one (1) Chairperson and five (5) associate members. The appointment, removal, salary, duties and other conditions for the appointment of the additional associate members shall be governed by the provisions of the Public Service Labor Relations Act, as amended. The appointment of new associate members shall be for a term of six (6) years.
The Chairperson of the Commission is also authorized to appoint the arbitrators that are necessary to perform the tasks entrusted by this chapter.
(d) The Chairperson of CASARH is hereby authorized to appoint and designate the Examining Officers that are necessary to perform the tasks that the Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico of 2004, and its regulations empower them to carry out. The Chairperson and the CASARH Commissioners are hereby authorized to hold hearings and conduct those adjudicative proceedings compatible with those of an Examining Officer, as the same are defined in the Procedural Regulations of CASARH. The Chairperson may delegate on the Commissioners the duties compatible to those of an Examining Officer.
History —Mar. 9, 2009, No. 7, § 46.