P.R. Laws tit. 3, § 1452b

2019-02-20 00:00:00+00
§ 1452b. Unfair practices of the labor organizations or its members

It shall be an unfair practice for an employee organization or any of its members, acting individually or in agreement with others, to carry out or attempt to carry out any of the following acts:

(a) Intervene, coerce or restrict one or more employees with regard to their decision to exercise the rights recognized in this chapter or not.

(b) Refuse to negotiate in good faith with the agency after obtaining the certification as exclusive representative.

(c) Violate the terms of a collective bargaining agreement. However, the Commission may dismiss charges for a violation of this subsection if the agency with which 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 decision of an arbitrator or a panel of arbitrators after submitting to an arbitration process. However, the Commission may dismiss the filing of any charges for a violation of this subsection if the agency with which the agreement to submit the controversy to arbitration was reached, is, in turn, found to have violated the decision or has not complied with an order of the Commission regarding any unfair practice.

(e) Refuse to follow or comply with the procedures established by the law when there is a impasse in the negotiations.

(f) Refuses to submit the complaints, grievances and other controversies that may arise with the agency or with other employee organization to the procedures provided in the agreement or in this chapter, except in the special cases in which the Committee agrees to intervene directly.

(g) Induce the agency to dismiss or to 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, or because said employee joined or refused to join a labor organization.

History —Feb. 25, 1998, No. 45, § 9.2.