Puerto Rico Labor Relations Board v. Long Construction Co.

73 P.R. 242
CourtSupreme Court of Puerto Rico
DecidedMarch 24, 1952
DocketNos. 29-30
StatusPublished

This text of 73 P.R. 242 (Puerto Rico Labor Relations Board v. Long Construction Co.) 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
Puerto Rico Labor Relations Board v. Long Construction Co., 73 P.R. 242 (prsupreme 1952).

Opinion

Mr. Justice Marrero

delivered the opinion of the Court.

Pursuant to the provisions of § 9(2) (c) of Act No. 130 of May 8, 1945 (Sess. Laws, p. 406), as amended by Act No. 6 of March 7, 1946 (Sess. Laws, pp. 18, 44)1, the Puerto Rico Labor Relations Board in the name of the Unión Núm. 1 de Trabajadores de la Construcción de Puerto Rico, affiliated with the Unidad General de Trabajadores de Puerto Rico, filed in this Court a petition to enforce the arbitration awards issued on February 14, 1950, and July 5, 1949, respectively, in the above-entitled cases. The gist of the petition in the former case is that prior to May 30, 1949, the masons working for Long Construction Company, hereinafter referred to as the Company, in the Puerto Nuevo development project, were suspended because of lack of cement; that said day the Company asked the Union to instruct the laborers, provided that it received cement, to come back to work on May 31 at 7:00 a.m.; that availing itself of a radio announcement the Union informed this to its members, the workmen returning to work the following morning, but for certain reasons the masons working under the orders of the foremen who are [244]*244named did not work; and that the Union, on behalf of the masons who did not work, asked the Company to pay them for four hours of work pursuant to the provisions of Art. I, § (d) of the collective bargaining agreement and of Mandatory Decree No. 11;2 that on August 29, 1949, representatives of the Union and of the employer met, discussed the question in the Grievance and Adjustment Committee and, unable to reach an understanding, agreed to designate the Commissioner of Labor or the person appointed by the latter in his place, to act as the fifth member; and that the fifth member designated rendered an award granting the complaint and, this notwithstanding, the Company has refused to comply therewith. And in the latter, that on October 13, 194S, the masons working in Mr. Frank Taylor’s division in the works of the Company in the Puerto Nuevo project were suspended because of lack of cement; that on October 14 the Company instructed the laborers to return on the morning of the 15th; that the workmen complied with said instructions but did not work because no cement had arrived; that the Union, on behalf of the masons who did not work, requested the Company to pay them for four hours of work pursuant to Art. I, § (d) of the collective bargaining agreement and of Mandatory Decree No. 11; that the Union and the employer met and discussed the issue but, unable to reach an understanding, decided to designate the Commissioner of Labor or the person appointed by the latter to act as the [245]*245fifth member in the case; and that the fifth member thus designated issued an award granting the complaint, the Company refusing to comply therewith.

On May 29, 1951, we entered an order in each case and upon their being served on the defendant Long Construction Company, it timely appeared filing in each case a document entitled Answer and Showing of Cause. In the document filed in case No. 29 3 it alleges that the only reason why the workers mentioned by the petitioner did not work on the day in question was the lack of cement, which was nowise due to any act on its part, and which in its judgment is force majeure under Art. 5 of Mandatory Decree No. 11 ;4 that the agreement submitting to arbitration was expressly conditioned on the fact that the arbitrator decided according to the facts and law applicable to the case; that its attitude in connection with the award issued is not contrary to the public policy of the People of Puerto Rico, and that it does not have to abide by and comply with the award issued because it is null and void on the following grounds: (1) because the submission was expressly subjected to the condition that the arbitrator would decide in accordance with the facts' and law, while it claims that the award issued is contrary thereto; (2) because the Board, the Union and/or the workmen are guilty of laches, inasmuch as notwithstanding that [246]*246the award was issued February 14,1950, and that it declared on March 7 following that it would not comply therewith, the petition was not filed in this Court until May 25, 1951, there having been no just cause for the delay in bringing the action; that the arbitrator’s decision is uncertain, inaccurate and confused, to the extent that it neither decides the issue of force majeure nor anything in connection with the reinstatement of the workmen; and that the petition fails to state facts sufficient to constitute a cause of action.

We have thoroughly read the respective arbitration awards involved herein and the applicable law and decisions and in our judgment the questions raised by the defendant are groundless. We shall see:

In the award issued in case No. 29 the fifth member sets forth the following:

“The undersigned Fifth Member deems, after an intensive pondering while the present complaint has been under his consideration, that the cement which had been dispatched by Ponce Cement Corporation on May 30, 1949, and consigned to Long Construction Company started to arrive in the evening of that same day, as held by Mr. Eugenio Landráu, witness for the workmen, during his testimony. He also understands that said cement had neither been received nor distributed by the employees of the Company to the different Division Superintendents until the next day. The workmen should not be blamed for the failure of the employees of the Company to receive or accept cement until a few minutes after seven in the morning. The trucks loaded with cement being at the entrance of Caparra Heights Urbanization, that is, within property belonging to Long-Construction Company, we see no reason whatsoever why the cement was not received and equitably distributed among all the divisions of the Company. If, as claimed by the representatives of, the employer, Mr. Emilio Molina had gone over the houses the previous day and was able to collect approximately 100 bags of cement, which were not sufficient to provide work for all the masons but only for 60 of them, why was one of the cement trucks which had arrived not sent to the place where the masons were? We can not punish the workers, petitioners herein, for a lack of insight of the Company.”

[247]*247It clearly appears from the foregoing that in the opinion . of the fifth "member not only there was no force majeure, but also that there was no just cause for the lack of available cement in the morning of May 30, 1949.5

A letter dated September 23, 1949, addressed to the Commissioner of Labor by two Union members and by counsel for the Company is also included in the award. Textually copied, it reads:6

“September 23, 1949
“Hon. Fernando S. Berdecia Commissioner of Labor San Juan, Puerto Rico
“Sir:
“The Grievance and Adjustment Committee of the Long Construction project met on August 29, 1949, to discuss the case regarding the suspension of a group of masons.
“The Grievance and Adjustment Committee unable to reach an agreement, both parties decided by mutual consent, to designate you or the person designated by you to act as the fifth mem[248]

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73 P.R. 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/puerto-rico-labor-relations-board-v-long-construction-co-prsupreme-1952.