P.R. Laws tit. 3, § 1452a

2019-02-20 00:00:00+00
§ 1452a. Unfair practices of the agency

It shall be an unfair practice of the agency or of any of its representatives to perform or attempt to perform any of the following acts:

(a) Intervene, coerce or restrict one or more of its employees regarding his/her decision to exercise the rights recognized in this chapter or not.

(b) Refuse to negotiate in good faith with an exclusive representative duly-certified by the Commission.

(c) Violate the terms of a collective bargaining agreement. However, the Commission may dismiss charges for a violation of this subsection if the exclusive representative with whom the agreement was signed is, in turn, found guilty of a violation of the agreement or has failed to comply with an order of the Commission regarding any unfair practice.

(d) Does not accept or does not comply with the award of an arbitrator or a panel of arbitrators after submitting to an arbitration procedure. However, the Commission may dismiss any filing of charges for a violation of this subsection if the exclusive representative with whom the agreement to submit the controversy to arbitration was reached, is, in turn, found to have violated the award or has not complied with an order of the Commission regarding any unfair practice.

(e) Refuses to follow and comply with the procedures established by the law when there is a impasse.

(f) Refuses to submit the complaints, grievances and other controversies that may arise, to the procedures provided in an agreement or in this chapter with the exclusive representative, except in special cases in which the [Commission] may intervene directly.

(g) Dismiss or otherwise discriminate against an employee because he/she has filed a complaint, given information or testimony, or plans to carry out any of these actions pursuant to this chapter.

(h) Intervene or participate in the organization or administration of any employee organization, or contribute to it through economic assistance or otherwise, except for the deduction of fees authorized by this chapter.

(i) Stimulate or discourage employees to join any labor organization or to participate in the activities thereof, through discrimination when employing, dismissing, granting permanency of employment, or with regard to other terms or conditions of employment.

(j) Fails to maintain a neutral attitude before or during any election to determine the representative for collective bargaining.

(k) Suspends the payments of insurance, medical plans of the employees and dependents thereof, while a new collective bargaining agreement is being negotiated.

History —Feb. 25, 1998, No. 45, § 9.1.