Sierra Berdecía v. Llamas

73 P.R. 847
Procedural entryThis page is a short order in Sierra Berdecía v. Llamas. Read the opinion of the Court — 73 P.R. Dec. 908
Supreme Court of Puerto Rico·Decided October 14, 1952·No. No. 10609·Published

Opinion

Mr. Justice Ortiz

delivered the opinion of the Court.

Under the provisions of Act No. 8 of April 5, 1941, as amended, Fernando Sierra Berdecia, Commissioner of Labor of Puerto Rico, filed in the former District Court of Puerto Rico, San Juan Section, an injunction suit against Teódulo Llamas, doing business as T. Llamas, Hielo, alleging that [850]*850defendant and appellant herein is engaged in the manufacture of ice and its sale at retail; that after April 5, 1945, on which date Mandatory Decree No. 8 of the Minimum Wage Board applicable to retail businesses was promulgated, defendant has refused to grant to a group of his employees, who are drivers and helpers, leave with full pay, at the rate of fifteen days per year, which they have accumulated during more than two years, those chauffeurs and helpers being engaged in the retail sale of respondent’s ice, all of which violates the provisions of paragraph F-8 of said Mandatory Decree No. 8.1 The Commissioner of Labor requested the lower court to issue a writ of permanent injunction ordering defendant to grant the aforesaid employees the accumulated leave, with full pay and to establish the corresponding shifts. and forbidding defendant to continue in his practice of violating the afore-cited paragraph F-3 of Mandatory Decree No. 8.

Defendant answered and the case was heard on its merits at a pre-trial conference, which served as the hearirfg of the case. In said hearing defendant admitted the fact that he had not granted leave, pursuant to said paragraph F-3, to a group of chauffeurs and helpers employed by defendant and who were engaged in the selling of ice directly to the consumers. Defendant alleged, however, that Mandatory Decree No. 8 did not apply to those employees and the issue was joined on whether or not the decree was applicable. Both [851]*851parties introduced oral and documentary evidence which we shall hereinafter discuss in part regarding the construction of Decree No. 8 as to its scope and applicability. The representatives of the Commissioner of Labor insisted that said decree was applicable but if it were not, then Mandatory Decree No. 12 which refers to the transportation service in Puerto Rico, would apply.

The former District Court of Puerto Rico, San Juan Section, rendered judgment sustaining the writ of injunction, and defendant has appealed from that judgment, assigning as a sole error that:

“The lower court erred in holding that Mandatory Decree [No. 8] is applicable to the Ice Industry, which is defendant’s business.”

Paragraph A, subdivision 1, of Mandatory Decree No. 8 of the Minimum Wage Board provides as follows:

“Definition of the Business: The business of selling at retail, to which this Decree applies, is the business defined as follows:
“The Business of Selling at Retail comprises, without contemplating any limitation whatsoever, any act, process, operation, work or service, necessary, incidental or related to retail sales or direct conveyances to consumers, of any kind or commodities or articles, for money, promises of thing of value, whenever such sales or conveyances originate, are transacted or consummated in any establishment or place wholly or partially dedicated to such purposes, or whenever made outside such establishment or place in its name or for its benefit. The businesses, industries, occupations, or branch thereof which in Decree No. 6 of this Board, applicable to hotels, restaurants, bars, and soda fountains (which Decree shall not be impaired in any manner whatsoever) are subject to regulation or excepted from its scope, shall, however, be excluded.” (Italics ours.)

The court a quo did not hold that Decree No. 8 was applicable to the entire ice manufacturing industry, nor does this case involve any determination whatsoever as to defendant’s employees who are not engaged directly in selling ice to consumers. The lower court held that defendant’s drivers [852]*852and their helpers who are the ones that actually sell the ice directly to consumers, are covered by the provisions of Decree No. 8. Considering those employees separately, it can not be gainsaid that they are engaged in the retail selling of ice.2 However, appellant’s argument is to the effect that, in brief, since there is no Mandatory Decree whatsoever applicable to the ice industry, No. 8 must not be applied to any employees whatsoever of said industry; that Decree No. 8 exclusively applies to merchants who buy pre-manufactured articles and sell them to consumers and not to manufacturers who manufacture and sell articles as part of the same business, that the investigation carried out by the corresponding committee, on which the Board based its approval of Decree No. 8, exclusively referred to merchants and vendors solely engaged in retail business, and it did not include any industry whatsoever, although said industry sold its products, and that the construction given to Decree No. 8 by some members of the Board excludes the applicability of said Decree.

Considering the fundamental public policy which the legislator had in mind in approving Act No. 8 of 1941 (known as the Minimum Wage Act) that is, to improve the labor conditions detrimental to the maintenance of the minimum standards necessary for health efficiency and general well-being of workers — Hospital San José v. Minimum Wage Board, 63 P.R.R. 717, 719 — if there exists any legitimate doubt as to whether the decree is' applicable to a particular type of employees, the Act should not be strictly construed so as to exclude those employees from the protection of the Decree. Naturally, if it is clear that the decree is not ap[853]*853plicable to certain groups of employees, this Court must not substitute the opinion of the legislator or of the Minimum Wage Board with its own. As to this point, we have little to add to what has been set forth by this Court in Hospital San José v. Minimum Wage Board, supra, at page 722:

“The duties imposed on the board and on the minimum wage committees appointed thereby and the powers conferred upon them by the Act, are primarily inspired in the wish of our Legislature to improve the health, security, and well-being of workers, after said bodies have investigated the wages, working hours, and labor conditions prevailing in the different occupations, businesses, and industries in Puerto Rico. The only persons excluded from the provisions of the Act are those employed as domestic servants. Any defect or omission in the definitions of the different words or phrases included in § 80, supra, should not be a ground for our construing the scope of the Act in such manner as would impair fundamental purpose of the same. As Mr. Justice Frankfurter said, speaking for the Federal Supreme Court, in the case of Phelps Dodge Corp. v. Labor Board, 318 U. S. 177, 185, in construing the scope of the National Labor Relations Act: ‘Ujnlike mathematical symbols, the phrasing of such social legislation as this seldom attains more than approximate precision of definition. That is why all relevant aids are summoned to determine meaning.

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Sierra Berdecía v. Llamas, 73 P.R. 847 (prsupreme 1952).

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