P.R. Laws tit. 29, § 72

2019-02-20 00:00:00+00
§ 72. Additional sanctions

(a) Any employer found by the Board or by the National Labor Relations Board created by Act of Congress of July 5, 1935, to have committed any unfair labor practice, and who does not comply with an order relating to such practice issued by the Board which made such finding, shall not be entitled:

(1) To submit any bid upon any contract to which the Government or any political subdivision thereof, or public service enterprise or agency supported in whole or in part by public funds is a party;

(2) to receive any franchise, permit, or license, or any grant or loan of public funds from the Government, or any political or civil subdivision or public service enterprise or agency of the Government, for the period of one year after the service upon said employer of said order; Provided, That if said order is completely set aside or reversed by a court of competent jurisdiction, no such disabilities or disqualifications shall be enforced.

(b) Every contract to which the Government, or any political or civil subdivision thereof, or public service enterprise or agency of the Government or any agency supported in whole or in part by public funds is a party shall contain provisions that in the event the Board or the National Labor Relations Board finds that the contractor or any of his subcontractors, or the grantee or borrower of public funds, has committed an unfair labor practice and does not comply with the order issued by the Board which made the findings:

(1) No further payments shall be made after such date to the contractor or to any of his subcontractors, or to the grantee or borrower.

(2) The contract or grant or loan may be terminated.

(3) A new contract or contracts may be entered into or open market purchases be made for the completion of the original contract, charging any additional cost to the original contractor; Provided, That if such order is completely reversed or set aside by a court of competent jurisdiction, all monies due the contractor, grantee or borrower from the date of the issuance by the Board of said order shall be paid him.

(c) For the purposes of this section any declaration by the Board or by the National Labor Relations Board that an employer has not complied with an order issued by the Board making such declaration shall be binding, final and conclusive unless such order is reversed or set aside by a court of competent jurisdiction.

History —May 8, 1945, No. 130, p. 406, § 11; Mar. 7, 1946, No. 6, p. 18, § 1.