Quiñones Bird v. Puerto Rico Labor Relations Board

69 P.R. 551
Supreme Court of Puerto Rico·Decided February 24, 1949·No. No. 10·Published

Opinion

Mr. Justice Snyder

delivered the opinion of the Court.

The Puerto Rico Labor Relations Board issued a complaint against the Communications Authority alleging, 'among other things, that the Authority had engaged in unfair labor practices in that it had dominated and interfered with a labor organization, the Sindicato de Empleados de Comunicaciones de Puerto Rico, and had given financial and other assistance to the Sindicato, in violation of § 8(1) (a) (6) (c) of the Labor Relations Act of Puerto Rico.1- The complaint was issued as a result of charges filed with the Board by an employee of the Authority who was acting on behalf of the Comité de Defensa de la Cohesión de los Miem-[553] Tbros del Sindicato de Comunicaciones de Puerto Rico. The Board served the Authority, the Sindicato and the Comité with copies of the complaint and notices of hearing.

The Sindicato filed a motion for permission to intervene in the case. The Board entered an order reciting that “the said labor organization having been mentioned in the complaint and notified thereof, as well as of the notices of hearing issued in this case, it acquired the status of an interested party in this proceeding, without having to file a motion for intervention in order to intervene”. The order pointed out that participation of the Sindicato “is limited, however, to allege and to prove that it esteems pertinent in relation with the allegations of the complaint, which if proved might serve as the basis of a decision and order of the Board affecting directly or indirectly the rights of the Sindicato”.

A hearing on the complaint was begun before an Examiner of the Board, but was suspended to give the parties an opportunity to reach an agreement. The Authority, the Co-mité and the attorney for the Board filed a stipulation which was submitted in evidence over the objection of the Sindi-cato. The Examiner submitted the case to the Board, which entered a Decision and Order directed against the Authority in the identical language provided in the stipulation.

The Sindicato filed this petition for review of the order of the Board. The only error assigned is the action of the [554] Board in entering an order based on a stipulation which the Sindicato did not sign.

A company union is not a necessary party in a proceeding of this nature. “As the order did not run against the Association [the company union] it is not entitled to notice and hearing. Its presence was not necessary in order to enable the Board to determine whether respondents [the employer] had violated the statute or to make an appropriate order against them.” Labor Bd. v. Greyhound Lines, 303 U.S. 261, 271; Solvay Process Co. v. National Labor Relations Board, 117 F.(2) 83 (C.C.A. 5, 1941).

The Supreme Court has pointed out why the company union is not a necessary party in such a proceeding in Nat. Licorice Co. v. Labor Board, 309 U.S. 350, 362-5:

“The proceeding authorized to be taken by the Board under the National Labor Relations Act is not for the adjudication of private rights. ... It has few of the indicia of a private litigation and makes no requirement for the presence in it of any private party other than the employer charged with an unfair labor practice. The Board acts in a public capacity to give effect to the declared public policy of the Act. . .
' “In a proceeding so narrowly restricted to the protection and enforcement of public rights, there is little scope or need for the traditional rules governing the joinder of parties in litigation determining private rights. Ordinarily where the rights involved in litigation arise upon a contract, courts refuse to adjudicate the rights of some of the parties to the contract if the others are not before it. . .
“Here the right asserted by the Board is not one arising upon or derived from the contracts between petitioner and its employees. The Board asserts a public right vested in it as a public body, charged in the public interest with the duty of preventing unfair labor practices. The public right and the duty extend not only to the prevention of unfair labor practices by the employer in the future, but to the prevention of his enjoyment of any advantage which he has gained by violation of the Act, whether it be a company union or an unlawful contract with employees, as the means of defeating the statutory po[555] licy and purpose. Obviously employers cannot set at naught the National Labor Relations Act by inducing their workmen to agree not to demand performance of the duties which it imposes. . .
“The Board’s order runs only against petitioner. . .
“The effect of the Board’s order, as we construe it, is to preclude the petitioner from taking any benefit of the contracts which were procured through violation of the Act and which are themselves continuing means of violating it, and from carrying out any of the contract provisions, the effect of which would be to infringe the rights guaranteed by the National Labor Relations Act. It does not foreclose the employees from taking any action to secure an adjudication upon the contracts, nor prejudge their rights in the event of such adjudication. We do not now consider their nature and extent. It is sufficient to say here that it will not be open to any tribunal to compel the employer to perform the acts, which, even though he has bound himself by contract to do them, would violate the Board’s order or be inconsistent with any part of it. Section 10(a) and (c) of the Act commits to the Board the exclusive power to decide whether unfair labor practices have been committed and to determine the action the employer must take to remove or avoid the consequences of his unfair labor practice.”

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Quiñones Bird v. Puerto Rico Labor Relations Board, 69 P.R. 551 (prsupreme 1949).

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