Agostini v. Superior Court

82 P.R. 213
CourtSupreme Court of Puerto Rico
DecidedMarch 7, 1961
DocketNo. 2573
StatusPublished

This text of 82 P.R. 213 (Agostini v. Superior Court) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Agostini v. Superior Court, 82 P.R. 213 (prsupreme 1961).

Opinion

Mr. Justice Pérez Pimentel

delivered the opinion of the Court.

On December 4, 1958, Francisco Agostini and 51 other plaintiffs filed a complaint in the Superior Court, San Juan Part, against the defendants Puerto Rico Coal Company and The Puerto Rico Lighterage Company, in a claim for wages for services rendered during the years 1949 to 1958 included.

The defendants filed their answer to the complaint by way of a general denial of the facts alleged therein and they raised among other affirmative defenses that any claim for wages prior to September 3, 1954 was barred as to all the plaintiffs.1

Thereafter, the parties filed in the lower court the following stipulation of facts:

“Stipulation. — The parties to this lawsuit appear through their undersigned attorneys and respectfully submit to this Honorable Court the following stipulation of facts:
[216]*216“1. — The plaintiffs, except Francisco Agostini and Miguel Ángel Picart, have been working for one or the other of the defendants since on/or before 1949, under the terms and conditions stated in several collective bargaining agreements.
“2. — On May 9, 1952 the defendants signed a collective bargaining agreement with the Unión de Empleados de Muelles >de Puerto Rico, which was made retroactive to January 1, 1952, and it was agreed that it would be in force until December 31, 1953, and 'the plaintiffs, except the two persons mentioned above, worked for one or the other of the defendants according to the terms of said agreement.
“3. — On June 24, 1954 a strike was called on the waterfront in San Juan, P. R., the plaintiffs participating therein.
“4. — As a result of said strike, on July 25, 1954, the Legislative Assembly of the Commonwealth of Puerto Rico approved a law whereby it seized the port facilities, and the Court is requested to take judicial notice thereof.
“5. — On July 28, 1954 the Honorable Governor of Puerto Rico, pursuant to the authority conferred upon him by said Act, seized said port facilities.
“6. — Pursuant to the terms of said Act, the Governor of .'Puerto Rico designated Mr. Salvador V. Caro as Emergency Administrator of the Piers of Puerto Rico. The latter, in turn, 'designated several persons as his representatives in the different piers, including a representative whom he designated to take charge of the operations of the Porto Rico Lighterage Co. and the Porto Rico Coal Co.
“7. — During the period of seizure by the Emergency Administration of the Piers, the latter continued to use the same personnel employed by the defendants, including the plaintiffs; the Emergency Administration of Piers paid all the operating costs from a special fund created by the afore-mentioned Act, and once those payments were made, the Administration of Piers invoiced the defendants for the expenses incurred in relation to such operation; the defendants, in turn, paid the amount of the respective bills to the Administration. The administration paid the wages of defendants’ employees, including plaintiffs’ wages and later the defendants reimbursed said payments to the Administration.
[217]*217“8. — On September 3, 1954 an agreement was reached between the Unión de Empleados de Muelles de Puerto Rico, Local No. 24927 of the American Federation of Labor and several companies, two of which were the defendants herein, who were represented by the Puerto Rican Steamship Association, stipulating the conditions of work and salaries of the plantiffs, except Francisco Agostini and Miguel Angel Picart; said agreement was given a retroactive effect to January 1, 1954, and was to remain in force until September 30, 1956, except the clauses relating to wages.”

On September 23, 1960, the Superior Court issued the .following:

“Order. — The stipulation of facts of September 11, 1959, the complaint and the answer thereto having been considered, the .special defense of prescription alleged by the defendant is hereby sustained on the same grounds set forth in the order issued by us in the case of Félix Hernández et al., plaintiffs, v. Puerto Rico Steamship Association et al., civil number 57-2580, and therefore, the court decides that any claim for wages for the period prior to June 24, 1954, is barred, that being the date on which all defendants’ employees went on strike and ceased to be the defendants’ employees.”

To review said order we issued a writ of certiorari.

The petitioners charge the lower court with the commission of three errors, to wit: (1) having declared that any claim prior to June 24, 1954 was barred on the ground that on that date the plaintiffs went on strike and from that •date ceased to be defendants’ employees; (2) having rested their opinion on the decision of this Court in Chabrán v. Bull Insular Lines, 69 P.R.R. 250; and (3) not having applied to decide this case the provisions of §§ 32 and 34 of the new Minimum Wage Act approved June 26, 1956.

The first two errors take us to an examination of •our case law, as it stood before the Minimum Wage Act of 1956 went into effect, regarding the limitation or prescription of actions brought for the fulfilment of the obligations to pay the workers for their services.

[218]*218The limitation or prescription of these actions was governed by § 1867 of the Civil Code (1930 ed.) — 31 L.P.R.A. § 6297 — which provides that:

“Section 1867. Actions for the fulfilment of the following-obligations shall prescribe in three years:
“1.
“2.
“3. For the payment of mechanics, servants, and laborers the amounts due for their services, and for the supplies or disbursements they may have incurred with regard to the same.
“4.
“The time for the prescription of actions referred to in the three preceding paragraphs shall be counted from the time the respective services have ceased to be rendered.”

How have we determined the commencement of the prescriptive term of three years in the actions mentioned in paragraph 3 copied above? Interpreting the phrase “from the time the respective services have ceased to be rendered,” our decisions have contemplated the following situations as determinative of the commencement of said term: (1) when there is a substantial change in the nature of the services rendered by the worker; (2) when a worker leaves his employment without offering an explanation therefor, even though his employer rehires him; and (3) when a worker goes on strike, wins it and signs a new contract with the same employer, this new contract containing substantial changes in the conditions of employment.

In Muñoz v. District Court, 63 P.R.R. 226, the worker rendered the same services to his employer uninterruptedly from June 20, 1936 to November 18, 1940, date on which he ceased to render said services. He filed a complaint for the recovery of unpaid wages on December 10, 1942. This Court rejected the employer’s contention that the action for the recovery of unpaid wages for the services rendered by the worker before December 10, 1939, had prescribed.

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82 P.R. 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/agostini-v-superior-court-prsupreme-1961.