Sierra Berdecia v. South Porto Rico Sugar Co.

73 P.R. 151
CourtSupreme Court of Puerto Rico
DecidedFebruary 18, 1952
DocketNo. 10503
StatusPublished

This text of 73 P.R. 151 (Sierra Berdecia v. South Porto Rico Sugar 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
Sierra Berdecia v. South Porto Rico Sugar Co., 73 P.R. 151 (prsupreme 1952).

Opinion

Mr. Justice Marrero

delivered the opinion of the Court.

In representation and on behalf of 967 employees of the sugar industry,1 the Commissioner of Labor of Puerto Rico filed in the District Court of Ponce, on August 12, 1948, a complaint against South Porto Rico Sugar Co. (of Puerto Rico). He alleged in substance that in the operation of its business of manufacturing cane sugar and in its Guánica Central respondent employed in different occupations from [152]*152April 29, 1943, until May 29, 1946, the persons whose names appear in appendix “A,” attached to and made part of the complaint, upon shifting their turn of work during more than eight hours in different twenty-four-hour periods, without paying them for the hours thus worked in excess of eight at twice the applicable wage rate, in violation of the provisions of paragraph A-2(a) (sic) of Mandatory Decree No. 3 of the Minimum Wage Board; that for the reason given the respondent owes the aforesaid workmen the sum of $34,648.82 ;2 that the respondent has refused to pay to the aforesaid employees the money owed to each of them, the petitioner not knowing, besides, whether the former paid to the latter the sum of $4,407.72 as overtime in connection with the ninth hour; and that in addition to the aforesaid amount petitioner claims from the respondent on behalf of said workers an amount of money equal to the unpaid amount, as an additional penalty, pursuant to the provisions of § 25 of the Minimum Wage Act.3

The respondent answered denying that it owed any amount to the aforesaid workers, as well as that it had not paid said $4,407.72 as double rate for the ninth hour, and alleging on the contrary that it had made such payment. It set up as a first 'defense that the complaint fails to state a claim against it and as a second defense it moved for the dismissal of the complaint on the following grounds:

“(a) Because Mandatory Decree No. 3 of the Minimum Wage Board of Puerto Rico, on which the claim made in the [153]*153complaint filed herein is based, is illegal and void insofar as it permits and legalizes daily work after the ninth hour, in open violation of the provisions of Act No. 49 of 1935;
“(6) Because the aforesaid Decree No. 3 imposes a penalty in addition to that imposed by the aforesaid Act No. 49 of 1985, to wit: Double rate for hours worked in excess of the ninth hour, and the Minimum Wage Board of Puerto Rico lacks power to impose such penalty;
“ (e) Because had the Minimum Wage Board of Puerto Rico been empowered to impose a penalty for employing or permitting that work be done for more than eight hours a day, such power, being an undue delegation of a legislative power, would be null and void;
“(d) Because the workers on whose behalf the claim in the complaint filed in the instant case is made, are estopped from making such claim.”

Petitioner moved for the elimination of the entire second defense, whereupon the lower court overruled the motion insofar as paragraphs a, b and c of said defense were concerned, and sustained it as to paragraph d, ordering that it be stricken.

At this point, on October 11,1949, the parties filed a stipulation, the essential paragraphs of which recite:

“4. That petitioner accepts, after due investigation, that the respondent paid to said employees the sum of $4,390.96 as double rate for the ninth hour of work, as said amount is broken down in Exhibit T which is attached to and made part of this stipulation.
“5. That the respondent accepts that should it be decided that it was bound to pay to the aforesaid employees at double rate all the hours they worked in excess of the ninth, it should have paid them in said connection the sum of $30,304.13, as said amount is broken down in Exhibit T which is attached to and made part of this stipulation.
“6. That, in view of the foregoing, there is no factual controversy between the parties, the case pending decision of the questions of law raised by the respondent in its amended answer, which may be discussed by brief.”

[154]*154The case was thus submitted to the consideration and decision of the lower court, which delivered a lengthy opinion dated April 3, 1951, the two final paragraphs of which read as follows:

“Pursuant to the reasons set forth in this opinion, we are constrained to conclude that this court lacks venue and/or jurisdiction to consider and decide in regard to the grounds alleged in the second defense for the dismissal of the complaint, wherefore we should and must overrule them.

“The facts having been accepted by the stipulation of October 11, 1949, approved by the court on the 18th of the same month and year, we are compelled to grant the complaint, as it is hereby granted, and consequently respondent South Porto Rico Sugar Co. (of Puerto Rico) is ordered to pay to the laborers represented by the Commissioner of Labor and listed in Exhibit T which forms part of the stipulation submitted and approved by the court, as the persons on whose behalf the action was brought and in the proportion and amount therein set forth, the amount of $30,304.13, plus a like sum of $30,304.13 compensation as liquidated damages (paragraph A-2(a.) of Mandatory Decree No. 3 of the Minimum Wage Board; Tulier v. Land Authority, 70 P.R.R. 249) to be also distributed in amounts equal to those to which they are entitled as wages earned and not received, which makes a total to be paid and satisfied by the respondent to the petitioner for the workers represented by the latter, of Sixty Thousand Six-Hundred and Eight dollars and Twenty-six cents ($60,608.26) ; without special imposition of costs.”

From the judgment entered pursuant to those two paragraphs the respondent appealed. It now contends that the lower court erred: (1) in holding it had no jurisdiction to entertain and decide the question of law raised in the second defense of the amended answer; (2) in not declaring illegal and void paragraph B-2(a) of Mandatory Decree No. 3 of the Minimum Wage Board of Puerto Rico insofar as it permits or legalizes daily work in excess of the ninth hour; (3) in not declaring illegal, null and void that part of paragraph B-2 (a) of Mandatory Decree No. 3 which imposes [155]*155the obligation of having to pay at double rate for hours worked in excess of the ninth hour, for the Minimum Wage Board lacked power to impose such penalty; and (4) on the hypothesis that the Minimum Wage Board had been empowered to impose a penalty for employing or permitting that work be done for more than eight hours a day, in not declaring the delegation of such power unconstitutional and void.

The first error assigned was not committed. Act No. 8 of April 5, 1941 (Sess. Laws, p.

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73 P.R. 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sierra-berdecia-v-south-porto-rico-sugar-co-prsupreme-1952.