Medina Vega v. Unión Obreros Cervecería Corona
Medina Vega v. Unión Obreros Cervecería Corona
Opinion of the Court
delivered the opinion of the Court.
This case involves the novel question of the correctness of a wage claim against a labor union for extra hours worked for it by its president. Does an employer-employee relationship exist between the union and its president permitting the application of the provisions of the Act governing working hours in Puerto Rico, Act No. 379, of May 15, 1948, 29 L.P.R.A. § 271 et seq.2 In the affirmative, would the plaintiff be excluded as an executive officer or administrator? To a great extent, the answer to the questions posed depends on the specific facts of each case.
Appellant, Francisco Medina Vega, held the post of President of the “Unión de Trabajadores de la Industria Cer-vecera y Bebidas Refrescantes y Ramas Anexas de Puerto Rico”, affiliated to the “Unidad General de Trabajadores de Puerto Rico (UGT)”
In addition to the usual duties flowing from the presidency of any organization — representing the Union, complying and enforcing compliance with the agreements and resolutions of the annual meetings and of the board of directors, as well as the by-laws of internal government; presiding at the meetings of the Union and the Board of Directors; rendering reports of the steps taken by him; appointing committees and signing official documents, as well as checks and orders of payment — he was required by regulation to offer his services exclusively to the Union, and to that effect, he was required to visit daily all the factories in the metropolitan area with which there were collective bargaining agreements, and periodically, annex branches or locals.
As compensation for his services he was assigned “the same salary received by the workers of his trade in the Industry, but that salary shall not exceed thirty-five dollars ($35.00) a week [and] the Union shall further pay to the President all benefits acquired by the Union for his members through collective bargaining agreements, such as vacations with pay, Christmas bonus, medical and hospitalization plan and Social Security” (1952 and 1954 by-laws); “the salary received by a skilled worker of the Corona for 48 hours a week” and the fringe benefits referred to (1956 by-laws); “a salary of a skilled worker in the department where he
August 29, 1953 to December 31, 1953.... $0. 625
January 1, 1954 to December 17, 1954.... 0. 725
December 18, 1954 to March 22, 1957.... 0. 935
September 7, 1957 to December 27, 1957.. 1. .15
January 3, 1958 to February 27, 1958.... 1.15
March 7, 1958 to November 8, 1959. 1. 20
The trial court concluded that the plaintiff, as an oificial of the defendant Union, is not the worker, employee or laborer referred to in the Act regulating working hours and, consequently, it dismissed the complaint. To this effect, it made reference to the definition of worker or employee included in § la of Act No. 10 of November 14, 1917, as added by Act No. 12 of July 2, 1923, 32 L.P.R.A. § 3102,
The case of Williams v. United Mine Workers of America, 172 S.W.2d 202 (Ky. 1943) involving the application of the Federal Fair Labor Standards Act,
Even for the purposes of collective bargaining it has been held that a Union can be considered as an employer. Office Employees I. U. v. N.L.R.B., 353 U.S. 313 (1957); Air Line Pilots Ass’n, 97 N.L.R.B. 929 (1951); see N.L.R.B. cannot refuse jurisdiction over labor union acting as employer, 57 Col. L. Rev. 1029 (1957).
Having established the basic fact that a union is covered by the provisions of Act No. 379 when it acts as an employer, let us examine carefully the facts of this case to determine whether the relation of employer and employee was created between the parties. We readily agree that if plaintiff’s duties had been limited to those normally and ordinarily performed by the president of an organization— hereinbefore referred to — the very nature of the duties would exclude the relation above-mentioned. See, The Unpaid Local Leader, 3 Lab. L. J. 685 (1952). Nevertheless, under the label of “president” he was assigned duties which properly belong to an ordinary employee, such as visiting daily the enterprises in the metropolitan area with which the
We should not forget that the legislation regarding the regular working hours and days is an effective measure in the protection of the health, security, and life of the workers. It seems eminently fair that the Unions — a spearhead in the establishment of this measure for social' revindication —be the first to practice what they preach. A contrary solution would devaluate the content of this right.
A mere examination of plaintiff’s duties, to which we have been referring, that is, excluding those generally associated with the direction of a labor organization, points out that in relation to the same he is not excluded as being an executive officer or an administrator. In Piñán v. Mayagüez Sugar Co., 84 P.R.R. 86 (1961), ratified in Morales v. Superior Court, 84 P.R.R. 119 (1961), we indicated that beginning January 15, 1952, the determination of whether or not plaintiff was an executive officer depended on the concurrence of the requirements enumerated in Article 1
By virtue of the foregoing, the judgment rendered by the Superior Court, San Juan Part, on April 17, 1962, will be reversed, and the case remanded in order that after consideration of the evidence presented, the plaintiff be compensated at double rate the extra hours worked as an employee, according to this opinion.
In July 1959, a disaffiliation took place and the defendant union was known as “Obreros Unidos de la Cervecería Corona, Coca Cola, Canada Dry y Ramas Anexas de Puerto Rico, Independiente”, and was identified with the initials O.U.I. At present it is affiliated to the U.B.W., AFL-CIO.
That occurred during regular or extraordinary meetings of the members of the union, meetings of the Board of Directors of the organization and meetings of the Grievance Committee and while visiting the locals in different towns of the Island.
Articles 39 and 40 of the By-laws of June 21, 1952; Article 35 of the By-laws of December 19, 1954; Article 34 of the By-laws of December 1956; Article 25 of the By-laws of July 12, 1959.
“The word ‘worker’ as used in this Act shall comprise all manual laborers' of either sex and such natural persons as may be employed in domestic services or occupations of both sexes, and the word ‘employee* shall comprise all kinds of artisans, employees or clerks of business or industry, in the general acceptation of these last two words.”
This section was superseded by 5 2 of Act No. 2 of October 17, 1961, 32 L.P.R.A. § 3119 (Supp. 1961), p. 49 which follows substantially the previous wording, but which significantly in referring to the word “employee” indicates that “it is used in its fullest meaning.”
“Section 16. The provisions of this Act shall govern in every commercial, industrial, and agricultural establishment; in every shop, factory, central, mill, and manufactory; in every ranch, property, farm, estate, and plantation; in every public service enterprise; in every gainful business, including printeries, publishing houses, newspaper enterprises, clinics, hospitals, pharmacies, teaching institutions, boarding houses, hotels, eating houses, restaurants, stores, groceries, warehouses, depots, markets, garages, bakeries, theatres, race tracks, casinos, and other similar businesses; in every business office or establishment, law office, consulting room and
“The provisions of this Act shall also he applied to all chauffeurs and drivers of public and private motor vehicles, except those who work on a commission basis.
“The provisions of this Act shall not be applied to persons employed in domestic service; Provided, however, that they shall be entitled to- one day of rest for every six days of work.
“The provisions of this Act shall not apply to the employees of the Commonwealth Government, of the municipal governments, of the Government of the Capital, or of the agencies or instrumentalities of said Governments, excepting such agencies, and instrumentalities as are devoted to agricultural, industrial, commercial or public service enterprises.1'
Section 3(d) of the Federal Fair Labor and Standards Act, 29 U.S.C. § 203 (d) defines employer' as “including any person acting directly
The case of Williams is the object of a commentary in 92 U. of Pa. L. Rev. 327 (1944), but it is not related with the question at bar.
Said article reads as follows:
“$ 246e-l. Executive
“The term ‘executive’, for the purposes of sec. 33 of the Minimum Wage Act of Puerto Rico [29 L.P.R.A. § 246e], shall mean:
“(1) any employee
“(A) whose primary duty consists of the management of the establishment in which he is employed or of a customarily recognized department or subdivision thereof; and
“(B) who customarily and regularly directs the work of two or more other employees therein; or of a department or subdivision thereof; and
“(C) who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring and firing and as to the advancement and promotion or any other change of status of other employees will be given special attention; and
“(D) who customarily and regularly exercises discretionary powers; and
“(B) who does not devote over 20% of his workweek to activities not directly or intimately related to the performance of the work described in paragraph (1), clauses (A) to (D) of this section; provided, that this clause (E) shall not apply in the case of an employee who is in sole charge of an independent establishment or a physically separated branch establishment; or when he owns at least a 20% interest in the enterprise he works for; and
“(F) who is compensated for his services on a fixed basis (by day, week, fortnightly, or longer periods) equivalent to a weekly salary of not less than $30 exclusive of board, lodging, or other facilities; or
“(2) any employee
“(A) whose work complies with the requirements of paragraph (1), clauses (A) and (B) of this section; and
“(B) who is compensated for his services on a fixed basis (by day, week, fortnightly, or longer periods), equivalent to a weekly salary of not less than $100, exclusive of board, lodging, or other facilities.”
Said article reads as follows:
“$ 246e-2. Administrator
“The term ‘administrator’ for the purposes of sec. 33 of the Minimum Wage Act of Puerto Rico [29 L.P.R.A. $ 246e] shall mean:
*617 “(1) any employee
“(A) whose primary duty consists of the performance of office work or non-manual work outside the office being either directly related to management policies or with general business operations of the employer or the clients of the employer; and
“(B) who customarily and regularly exercises discretion and independent judgment; and
“(G) (i) who regularly and directly assists the owner or one of the owners of the enterprise, or an employee employed in an executive or administrative capacity (as such terms are defined in this Division) ; or
“ (ii) who performs under only general supervision work of a technical and specialized nature requiring special training, experience, or knowledge; or
“ (iii) who executes under only general supervision special assignments and tasks; and
“(D) who does not devote over 20% of his work-week to activities not directly or intimately related to the performance of the work described in paragraph (1), clauses (A)-to (C) of this section; and
' “(E) who -is compensated for his services on a fixed basis (by day, week, fortnightly, or longer periods) or on a percentage or fee basis equivalent to a monthly salary of not less than $200, exclusive of board, lodging, or other facilities; or
“(2) any employee
“(A) whose work complies with the requirements of paragraph (1), clauses (A) and (B) of this section; and
“(B) who is compensated for his services on a fixed basis (by day, week, fortnightly, or longer periods) or on a percentage .or fee basis equivalent to a weekly salary of not less than $100, exclusive of board, lodging, or other facilities.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.