P.R. Laws tit. 3, § 8804

2019-02-20 00:00:00+00
§ 8804. Negotiation of expired bargaining agreements

The collective bargaining agreements that have expired as of the effective date of this act, or that expire during the effectiveness thereof, shall be extended to March 9, 2011. Such extension shall preclude any request or holding of representation elections.

Provided, That in the aforementioned cases, the non-financial clauses of collective bargaining agreements shall be extended for two (2) additional years as of March 9, 2011. Such extension shall preclude any request or holding of representation elections.

Likewise, if, within sixty (60) days following the approval of this act, the exclusive representative requests to negotiate financial and non-financial clauses, the agencies shall be bound to negotiate the same taking into account the economic and fiscal situation of the agency and the Government, and guaranteeing the services offered to the people.

Regarding these negotiations, the Office of Management and Budget shall evaluate both the current and projected fiscal and budget situation of the agency and the Government. It shall then issue in advance a certification of available resources, if any, for each negotiation. The certification of the Office of Management and Budget shall be an essential requirement to negotiate financial clauses.

The agencies shall be bound to negotiate if an initial collective bargaining agreement had already been under negotiation before March 9, 2009, or at the beginning of a new negotiation process. In such cases, the negotiation of clauses that have an economic impact shall be subject to the same requirements contained in the fourth paragraph of this section.

In all cases, the agencies’ negotiation committees shall conduct negotiations during at least four (4) hours a week.

If any party believes that the provisions of this section have been violated, such party may request an interim order under §§1451 et seq. of this title, before the Public Service Appeals Commission.

History —Mar. 9, 2009, No. 7, § 40; July 10, 2009, No. 39, § 44; May 17, 2011, No. 73, § 1.