P.R. Laws tit. 3, § 1453h

2019-02-20 00:00:00+00
§ 1453h. Rights of the members of a labor organization

The constitution and the regulations that must be approved by every exclusive representative shall establish the rights of its members. At least the following must be provided through one document or another:

(a) Periodic elections at intervals of not more than three (3) years, through direct, individual and secret vote, for the election of their officials.

(b) Guarantees that ensure the right to aspire to any elective office under conditions equal to those of other members and officials.

(c) The right to nominate candidates to elective office and to participate in the corresponding elections.

(d) The right to participate effectively in the affairs and activities of the labor organization.

(e) The right to determine the initiation and periodic fees and the modifications thereof, through the secret vote of the absolute majority of the members.

(f) The right to a disciplinary procedure which assures the affected members receipt of notice of specific charges in writing; the time to prepare their defense, and a fair and reasonable hearing with ample opportunity to defend themselves adequately.

(g) The right to receive a copy of the constitution and regulations of the labor organization, as well as of the collective bargaining agreements that are applicable, and to examine the books and financial reports of the organization at a reasonable time and place, upon prior notice.

(h) Assurance that a general report of the operations of the exclusive representative, as well as its balance sheet, certified by a certified public accountant or by an accountant or by the Labor Union Services Bureau of the Department of Labor and Human Resources, are circulated each year among the members, within one hundred and twenty (120) days following the close of its annual operations.

(i) The right to file suits or procedures before the Commission, the courts of justice or the administrative agencies, even when the agency itself or the exclusive representative or any of its officials appear in the same as defendant or accused.

(j) The right to appear as witnesses in any judicial, administrative or legislative proceeding, and make petitions to the Legislature, or communicate with any legislator, without being exposed to any sanction or penalty by the exclusive representative.

History —Feb. 25, 1998, No. 45, § 16.5; Aug. 7, 2001, No. 96, § 9.