Beaunit of Puerto Rico v. Puerto Rico Labor Relations Board

93 P.R. 496
CourtSupreme Court of Puerto Rico
DecidedMay 6, 1966
DocketNo. JRT-66-2
StatusPublished

This text of 93 P.R. 496 (Beaunit of Puerto Rico v. Puerto Rico Labor Relations Board) 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
Beaunit of Puerto Rico v. Puerto Rico Labor Relations Board, 93 P.R. 496 (prsupreme 1966).

Opinion

Mr. Justice Rigau

delivered the opinion of the Court.

Petitioner is a domestic corporation which manufactures textiles and operates in interstate commerce. On December 18, 1962 it signed a collective bargaining agreement with the Seafarers International Union of North America, Atlantic, Gulf, Lakes and Inland Water District, Puerto Rico Division, APL-CIO. The agreement was contracted for two years and it would expire on December 18, 1964.

Said agreement contains, among others, the usual clauses in this kind of contract: checkoff union shop, arbitration of labor disputes by means of a grievance committee, working hours, wage scale, welfare plan, etc.

Before the bargaining agreement expired on October 21, 1964, due to a consent election held among the workers of the employer, petitioner herein, another union, the “Unión de Trabajadores de la Beaunit de Puerto Rico, Inc., Inde-pendiente,” won the election. The election was administered by the National Labor Relations Board. The new union was certified- as the workers’ representative on October 29, 1964.

When the replacement of the workers’ representative took place, neither the employer nor the new' union repudiated the existing agreement, but on the contrary, the employer continued paying the wages’ established in the agreement entered into with the Seafarers, retained the coffee break, and subsequently paid the vacations as accumulated by the workers in accordance with the provisions of the same agreement. Although the new representative was certified on October 29, 1964, the union and the employer did not meet to ■ initiate a new bargaining, agreement until the middle of December of that year, at which time the prior agreement expired.

[499]*499On November 30, 1964 the employer discharged employee Modesto Escribano Lugo. On December 2 of that year, the new representative, the Unión de Trabajadores de Beaunit de Puerto Rico, Inc. requested in writing a meeting of the Grievance Committee to hear the ease of Escribano Lugo’s discharge. The employer rejected the request alleging that from the moment the new Union was certified, the collective agreement signed with the Seafarers had expired and that therefore, it was not bound to discuss the discharge of Escribano Lugo.

After the usual proceedings — filing of charge, issuance of complaint, public hearing, etc. — the Puerto Rico Labor Relations Board, through its Decision and Order of December 21, 1965, found Beaunit guilty of unfair practice in violating the agreement by refusing to argue the discharge of the employee Modesto Escribano Lugo before the Grievance Committee. Consequently, it ordered Beaunit, (1) to cease from violating the agreement in question, as well as the one it might sign in the future with the Unión de Traba-jadores de la Beaunit, and (2) to meet with.the Union’s representatives to discuss the discharge of Escribano Lugo.

Before us petitioner (1) denies the jurisdiction of the Puerto Rico Labor Relations Board to take cognizance of this controversy, and (2) on the merits, it reiterates its position in the sense that it is not bound to discuss the discharge of Escribano Lugo before the Grievance Committee because when the new union was certified the existing agreement — which provides for said arbitration — was “automatically rescinded”.

The jurisdictional problem posed has already been decided. In Labor Relations Board v. I.L.A., 73 P.R.R. 568 (1952), we held that the violation of collective bargaining agreements not being an unfair labor practice under the Federal Act but it being so under the Puerto Rico Act, the Puerto Rico Labor Relations Board could intervene in cases [500]*500of violation of collective bargaining agreements although the cases would involve organizations operating in interstate commerce. Subsequently, in November 1962, we reexamined that doctrine in the light of Guss v. Utah L.R.B., 353 U.S. 1; Amalgamated Meat Cutters v. Fairlawn Meats, 353 U.S. 20, and San Diego Bldg. Trades v. Garmon, 353 U.S. 26, and sanctioned it in P.R. Telephone Co. v. Labor Relations Board, 86 P.R.R. 362 (1962). We held the same position in El Mundo Inc. v. L.R.B., 92 P.R.R. 814 (1965). The discussion made by the Puerto Rico Labor Relations Board in its opinion in the instant case concerning this jurisdictional question is very well grounded but in view of what we have already stated in Labor Relations Board v. I.L.A., supra, and in P.R. Telephone Co. v. Labor Relations Board, supra, we do not deem it necessary to discuss again the matter here. See, also, Dowd Box Co. v. Courtney, 368 U.S. 502, 506-507; Local 174 v. Lucas Flour, 369 U.S. 95; Sinclair v. Atkinson, 370 U.S. 195; and Smith v. Evening News Assn., 371 U.S. 195, all decided in 1962.

We turn now to the other question raised in this case, that is, whether or not the employer was under the obligation to arbitrate before the Grievance Committee the controversy which arose from the discharge of Escribano Lugo.

As in P.R. Telephone Co. v. Labor Relations Board, supra at p. 376, we need not decide in the case at bar whether in deciding the question of the unfair practice charged, the Puerto Rico Labor Relations Board ought to apply the federal labor law or the local law, for as respects the specific question under consideration, both coincide since they are founded on the respect due collective bargaining agreements and the efficacy of arbitration. See the authorities cited in 86 P.R.R. 376, footnote 12, and also Republic Steel v. Maddox, 379 U.S. 650 (1965); Rivera v. Land Authority, 83 [501]*501P.R.R. 251, 259 (1961); Pérez v. Water Resources Authority, 87 P.R.R. 110, 116 (1968).1

Nevertheless, it is useful to see what the federal courts have decided in situations similar to the instant case. There are three recent cases very illustrative, which we shall briefly examine.

In Wiley v. Livingston, 376 U.S. 543 (1964), a new employer refused to arbitrate a complaint by means of the grievance procedures provided by the collective bargaining agreement on the ground that it (the new employer) had not been a party to the bargaining of the agreement which the former employer had signed with the union and for that reason said agreement was not binding upon him. The Supreme Court of the United States decided that the employer was under the obligation to arbitrate. Let us examine this ease a little closer.

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Related

Guss v. Utah Labor Relations Board
353 U.S. 1 (Supreme Court, 1957)
San Diego Building Trades Council v. Garmon
353 U.S. 26 (Supreme Court, 1957)
Textile Workers v. Lincoln Mills of Ala.
353 U.S. 448 (Supreme Court, 1957)
United Steelworkers v. American Manufacturing Co.
363 U.S. 564 (Supreme Court, 1960)
United Steelworkers v. Enterprise Wheel & Car Corp.
363 U.S. 593 (Supreme Court, 1960)
Charles Dowd Box Co. v. Courtney
368 U.S. 502 (Supreme Court, 1962)
Sinclair Refining Co. v. Atkinson
370 U.S. 195 (Supreme Court, 1962)
Smith v. Evening News Assn.
371 U.S. 195 (Supreme Court, 1962)
John Wiley & Sons, Inc. v. Livingston
376 U.S. 543 (Supreme Court, 1964)
Republic Steel Corp. v. Maddox
379 U.S. 650 (Supreme Court, 1965)

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