Santos Rodríguez v. Puerto Rico Water Resources Authority

91 P.R. 54
CourtSupreme Court of Puerto Rico
DecidedOctober 13, 1964
DocketNo. R-63-284
StatusPublished

This text of 91 P.R. 54 (Santos Rodríguez v. Puerto Rico Water Resources Authority) 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
Santos Rodríguez v. Puerto Rico Water Resources Authority, 91 P.R. 54 (prsupreme 1964).

Opinion

Mr. Justice Belaval

delivered the opinion of the Court.

The petition for declaratory judgment before the trial court alleges: That late in December 1960 and January 1961 the public corporation, appellee herein, conducted an investigation into the low consumption in the meters installed in the houses where some of its employees resided, as a result [56]*56of which charges were preferred against the employees, appellants herein, and they were suspended from employment and salary pending a hearing of those charges; that appellants requested the appellee that the charges filed be heard pursuant to Art. 35 of the collective agreement signed between the appellee corporation and the Union of Workers of the Electric and Irrigation Industry of Puerto Rico, affiliated to the AFL-CIO, Local No. 24886, which establishes in §§ 18 and 19 the manner and procedure for an adjustment committee and arbitration procedure, which petition was denied and, on the contrary, the charges were heard pursuant to defendant’s regulation; that the Puerto Rico Water Resources Authority Act — 22 L.P.R.A. § 197 (p. 76) — authorizes the Governing Board of the Authority to prescribe a regulation for appointments, removals, promotions, transfers, discontinuances, reinstatements, suspensions, leaves of absence and changes in grade, compensation or title of the officers and employees of the Authority, in pursuance of a general plan similar, insofar as the Board shall deem it consistent, for the best interests of the Authority, of its employees and of its service to the public, to that which may be in effect for employees of the Commonwealth Government under the Personnel Act — 3 L.P.R.A. § 671 (p. 574); that the regulation applied by appellee Authority is null and void because it was not adopted pursuant to the procedures established by the Personnel Act, since it does not grant to the employees suspended or removed the review before a court of justice provided by the Personnel Act; that since appellants were removed definitively through the procedure established in the Authority regulation and not through the procedure established in the collective agreement, such removals are illegal.

The most important contentions of appellee’s answer are the special defenses raised in said answer: (1) That the trial court lacks jurisdiction inasmuch as the averments [57]*57showed that attempt is made to charge a violation of the provisions of the collective agreement between plaintiffs and defendant, which constitutes an unfair labor practice which should be reviewed by the Commonwealth Labor Relations Board of Puerto Rico; (2) That the relief sought does not lie, or the trial court lacks jurisdiction to take cognizance thereof because it involves a review of the administrative and quasi-judicial proceedings interposed after the expiration of an unreasonably long period since the decision to be reviewed was entered; (3) That the complaint does not allege a cause of action, since from the averments it appears that the adoption of the personnel regulation and the standards of conduct and disciplinary rules approved by the Authority were made pursuant to the provisions of the Puerto Rico Water Resources Authority — Act No. 83 of May 2, 1941 (Sess. Laws, p. 684), as amended by Act No. 19 of April 8, 1942 (Sess. Laws, p. 330).

The trial court concluded that in alleging “that their removals were made in violation of the collective agreement, pursuant to § 69 (f) of the Act creating the Puerto Rico Labor Relations Board . . . plaintiffs, appellants herein, are charging the defendant with an unfair labor practice which may be heard before the Board since it involves questions of public policy, but this is not an action in defense of the public policy affected by such unfair labor practice — in which case the Board would have exclusive jurisdiction — but to assert private rights allegedly arising from the collective agreement [citations]. However, the difficulty confronting plaintiffs in raising before us the illegality of their removals is another one. Prior thereto the Union to which plaintiffs are affiliated resorted, on their behalf, to the Labor Relations Board making an identical contention which was dismissed. (See notice of dismissal of charge of the Labor Relations Board of Puerto Rico, case No. CA-2501 of August 28, 1961, affirmed on September 11, 1961). Review of the adminis[58]*58trative resolution has not been sought before the Supreme Court of Puerto Rico in pursuance of law, such resolution being therefore final and binding on the parties and it cannot be attacked at this time in a subsidiary proceeding before the Superior Court.”

The Chairman of the Labor Relations Board of Puerto Rico refused to file a complaint on the following ground: “Complainant (the Union) has requested of the employer that the suspensions of the employees involved in this case be discussed in the Adjustment Committee pursuant to art. VI (b) of the agreement. The employer has repeatedly stated that the cases of these employees cannot be discussed in the Adjustment Committee. Its contention is based on the fact that the collective agreement provides in art. XVII (3) the procedure to be followed in cases of suspension from employment and salary. It maintains that in negotiating this provision they took into consideration that § 7(a) of the Act creating the Puerto Rico Water Resources Authority [No. 19 of April 8, 1942] provides that all appointments, removals, promotions, transfers, discontinuances, reinstatements, suspensions, leaves of absence and changes in grade, compensation or title of the officers and employees of the Authority, shall be made and permitted as provided in rules and regulations to be prescribed by the Governing Board. Article XVII (3) provides for a hearing in all cases of suspension from employment and salary. At this hearing the worker shall be duly represented by the Union. The hearings are held by the Office of Personnel of the employer. The Personnel Director shall designate the persons to try the cases and shall see that the removing party does not appear in the panel of triers. In deciding the cases the panel of triers uses a Manual of Standards and Procedures of Personnel prepared by the Authority. The evidence shows that the cases of suspension from employment and salary have always been heard pursuant to art. XVII (3) of the agreement. No case [59]*59of definitive suspension has been referred to the Adjustment Committee. On the evidence it may be concluded that the employer is not bound to discuss in the Adjustment Committee the suspensions of the employees involved in this case. In view of all the foregoing reasons, I refuse to file a complaint and I proceed to dismiss, and do hereby dismiss, the charge in above-entitled case.” This notice of dismissal of charge issued by the Chairman of the Board was affirmed by the Labor Relations Board of Puerto Rico, as has been said.

All the indicia contained in the evidence having been considered, it is unquestionable that in this case the appellee public corporation combined the disciplinary procedure for cases of suspension from employment and salary established in Art. XXXVII of the collective agreement with the administrative hearing procedure provided in its own regulation pursuant to the power granted by § 7 (a) of the Water Resources Act of May 2, 1941, as amended by Act No. 19 of April 8, 1942.

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91 P.R. 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santos-rodriguez-v-puerto-rico-water-resources-authority-prsupreme-1964.