P.R. Laws tit. 3, § 1451p

2019-02-20 00:00:00+00
§ 1451p. Negotiation of collective bargaining agreements—Conciliation and arbitration procedure

(a) The agency or the exclusive representative shall notify the Commission of the existence of an impasse in the process of negotiating a collective bargaining agreement. The notification of the existence of an impasse shall be in writing, with a copy to the other party and to the Central Office.

(b) Once the notice of the existence of an impasse in the negotiation process of a collective bargaining agreement has been received, the Commission shall designate a Conciliator. The Conciliator may be a member of the Panel of Conciliators and Arbitrators, attached to the same. The Conciliator shall immediately begin to take steps directed to resolving the impasse by summoning both parties to appear before him/her and state their respective positions on the matters [subject] to the impasse.

(c) If the impasse continues for a term of thirty (30) days as of the date in which the Conciliator was designated, the latter may recommend that an arbitrator be designated to dilucidate the impasse in a final and binding manner.

(d) The Commission shall appoint a panel of three (3) arbitrators from which the agency and the labor organization shall eliminate one (1) each, and the remaining arbitrator shall be selected and shall act as arbitrator for the solution of the impasse.

(e) The parties shall be bound to submit to the compulsory arbitration procedure and present to the arbitrator the information, documents, positions, budget, numbers, alternatives and all other relevant evidence the latter may request.

(f) Any party that after accepting this procedure fails to appear before the arbitrator or fails to submit the information that has been requested, shall be bound to accept the decision issued by the arbitrator.

(g) The decision or award of the panel shall be final and binding pursuant to law and shall adjust to the parameters contained in Section 5.2 of this Act. The only arbitration awards that can be challenged are those having errors in law, and those that are in contravention to the constitutional provision that prohibits that the appropriations made for one fiscal year exceed the total resources calculated for said year, and shall be considered through judicial action before the Court of Appeals which shall act on the same within a term which shall not exceed thirty (30) days.

(h) The arbitrators of the Commission shall have broad powers to design remedies in the adjudication of controversies set forth by the parties, including the imposition of costs, expenses, attorney fees and interest, among others.

(i) Every arbitration judgment on economic aspects in the negotiation of a collective bargaining agreement shall be final and binding.

History —Feb. 25, 1998, No. 45, § 6.1; Aug. 7, 2001, No. 96, § 4; Sept. 1, 2006, No. 182, § 1; Aug. 15, 2007, No. 112, § 1.