P.R. Laws tit. 29, § 94

2019-02-20 00:00:00+00
§ 94. Injunction and certiorari; penalties

After receiving the report of the Committee, the Governor may direct the Secretary of Justice to file in the Court of First Instance a petition for a restraining order or temporary injunction, asking said court to issue, and it shall issue, without previous notice on the party or parties concerned, an order for the labor organization concerned to abstain or desist from said strike, subject to the previous finding by the court, based on the pleading of the petition and the evidence under oath presented ex parte, to the effect that:

(1) A strike exists and there exists a grave emergency by reason of said strike which clearly imperils the public health or safety or some essential public service, either throughout Puerto Rico or in any sector of Puerto Rico, or

(2) there is a threatened strike and there exists a grave emergency by reason of said threatened strike which clearly imperils the public health or safety or some essential public service, either throughout Puerto Rico or any sector of Puerto Rico.

The court may further issue any other orders that may be necessary to fulfill the purposes of this subchapter. Any order issued by the court shall be reviewable by the Supreme Court of Puerto Rico upon writ of certiorari. The filing of a petition for review shall not stay the effects of the order of the Court of First Instance.

If after considering on its merits the evidence at the hearing, which shall be held within the following ten (10) days, the Court of First Instance should be satisfied that the alleged circumstances which gave rise to the temporary injunction actually exist, or that analogous circumstances prevail, it shall issue a permanent injunction subject to the limitations below expressed. If after hearing the case on its merits the court shall find otherwise, it shall discharge the injunction.

If any natural or [juridical] person disobeys an order issued by the court hereunder, the court shall have power to punish said person for criminal contempt and to impose upon same, as a penalty therefor, fine or imprisonment, or both penalties, in its discretion. The court may consider as a distinct contempt each day elapsed without its order being obeyed, and may impose successive penalties which may vary from day to day, in its discretion.

For the purpose of collecting the fines that the court may impose as penalty for contempt committed in disobeying its orders hereunder, the provisions of § 1130(13) of Title 32, shall not apply.

The provisions of this section shall render ineffective, with respect to the proceedings herein established, the Rules or parts of Rules of Civil Procedure in conflict therewith.

Sections 101—109 of this title shall not apply to any proceeding hereunder.

History —May 22, 1965, No. 11, p. 17, § 4.