P.R. Laws tit. 29, § 66

2019-02-20 00:00:00+00
§ 66. Representatives and elections

(1) Representatives designated or elected for the purpose of collective bargaining by a majority of the employees in a unit appropriate for such purpose shall be the exclusive representative of all the employees in such collective bargaining unit; Provided, That any individual employee shall have the right at any time to present individual grievances to his employer.

(2) In order to insure to the employees the full enjoyment of the rights of self-organization and collective bargaining, and otherwise to carry out the purpose of this subchapter, the Board shall decide in each case the appropriate unit for the purposes of collective bargaining.

(3) Whenever a question concerning representation of employees arises, the Board may investigate and resolve the question. The Board may investigate and resolve such question by appropriate public hearing on due notice, or by secret election, or by both, or by any other appropriate method. Provided, That whenever one of the unions or labor groups in controversy concerning representation of employees does not agree with the decision of the Board, in the absence of an election, and its claim is supported by twenty percent (20%) of the employees in the unit for collective bargaining, the Board shall immediately decree an election among the employees in order to decide the question. In every such election, the ballot shall be so prepared as to permit a vote against representation by anyone named on the ballot. The Board’s findings, election procedure, resolution of the question concerning representation, unit determination, and certification of the results of any election so held, shall be final, and shall be subject to judicial review only in the manner hereinafter provided by subsection (4) of this section.

(4) Whenever an order of the Board made pursuant to § 70 of this title is based in whole or in part upon facts certified following an investigation or public hearing pursuant to subsection (3) of this section, and there is a petition for the enforcement and for the review of such order, the certification and the record of the investigation or hearing conducted pursuant to subsection (3) of this section, shall be included in the transcript of the entire record required to be filed under § 70 of this title, and thereupon the decree of the court enforcing, modifying, or setting aside in whole or in part the order of the Board shall be made and entered upon the pleading, testimony, and proceedings set forth in such transcript.

History —May 8, 1945, No. 130, p. 406, § 5; Mar. 7, 1946, No. 6, p. 18, § 1.