P.R. Laws tit. 29, § 63

2019-02-20 00:00:00+00
§ 63. Definitions

When used in this subchapter:

(1) Person.— Includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy or judicial administrators.

(2) Employer.— Shall include executives, supervisors and any person who carries on activities of an executive nature directly or indirectly in the interest of an employer, but shall not include, (except for corporate instrumentalities or the Government of Puerto Rico as hereinafter defined) the Government or any political subdivision of the same; Provided, That it shall also include any individual, association or organization intervening in behalf of the employer in any labor dispute or collective bargaining.

(3) Employee.— Shall include any employee and shall not be limited to employees of a particular employer, unless the act expressly provides to the contrary; and shall include any individual whose work has ceased as a consequence of or in connection with any labor dispute, or because of any unfair labor practice, but shall not include any person employed in the domestic service in the home of any family or person, or any person employed by his parents or spouse. The term shall not include executives or supervisors.

(4) Representative.— Shall be limited to labor organizations, as hereinafter defined, not established, maintained or aided by any unfair labor practice prohibited by this subchapter.

(5) Unfair labor practice.— Means any unfair labor practice as defined in § 69 of this title.

(6) Labor dispute.— Includes any controversy concerning terms, tenure, or conditions of employment, or concerning the organization or representation of employees, or concerning the negotiation, fixing, maintenance or change of or efforts to agree upon terms and conditions of employment, whether or not the disputants stand in the proximate relation of employer and employee.

(7) All-union agreement.— Shall mean an agreement between an employer and the representative of his employees in a collective bargaining unit whereby it is required as a condition of employment, that all the employees in such unit be members of a single labor organization.

(8) Maintenance of membership agreement.— Shall mean the agreement between an employer and the representatives of his employees in a collective bargaining unit whereby it is required as a condition of employment, of all the employees who are members of the union at the time of the execution of the agreement or at other times thereafter, and under such other conditions as may be specified in the agreement, that they maintain themselves in good standing as members of the union during the life of the contract.

(9) Board.— Refers to the Puerto Rico Labor Relations Board created by § 64 of this title.

(10) Labor organization.— Means any kind of organization, or any agency or committee representing employees or any group of employees acting in concert, or any plan in which employees participate, which exists for the purpose in whole or in part of dealing with an employer concerning grievances, disputes, wages, rates of pay, hours of work and/or conditions of labor.

(11) Corporate instrumentalities.— Refers to the following corporations which have properties belonging to or are controlled by the Government of Puerto Rico: the Land Authority, the Agricultural Company, the Development Bank, the Electric Power Authority, the Puerto Rico Industrial Development Company, the Ports Authority, the Communications Authority, and the subsidiaries of such corporations, and shall also include such similar enterprises and their subsidiaries as may be established in the future, as well as such other government agencies as are engaged or may hereafter engage in lucrative businesses or activities for pecuniary profit.

(12) If the technical office, or any other employees of the Puerto Rico Aqueduct and Sewer Authority should at the request of the Board of Directors of said Puerto Rico Aqueduct and Sewer Authority and with the approval of the Personnel Director, be included in the Competitive Service, said Puerto Rico Aqueduct and Sewer Authority shall, with regard to the remaining employees and workmen thereof, and for the purposes of subsections (2) and (11) of this section, be considered a corporate instrumentality of the Government of Puerto Rico, and the employees and workmen not included in the Competitive Service shall be entitled to the benefits of this subchapter.

History —May 8, 1945, No. 130, p. 406, § 2; Mar. 7, 1946, No. 6, p. 18, § 1; July 16, 1947, No. 31, p. 126, § 1.