P.R. Laws tit. 3, § 1451j

2019-02-20 00:00:00+00
§ 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.