No. 22-171

Centro Médico del Turabo, Inc., dba Hospital Hima San Pablo Caguas and Hospital Hima San Pablo Fajardo, v. Unión General de Trabajadores

Lower Court: Puerto Rico
Docketed: 2022-08-24
Status: Denied
Type: Paid
Response Waived
Tags: administrative-determination administrative-determinations appellate-rules arbitration-awards court-review due-process procedural-due-process procedural-rules retroactive-application retroactivity review-procedures
Key Terms:
AdministrativeLaw Arbitration DueProcess Securities LaborRelations JusticiabilityDoctri
Latest Conference: 2022-10-14
Question Presented (AI Summary)

Whether the Puerto Rico Supreme Court erred and violated the presumption against retroactivity and procedural due process

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Union General de Trabajdores (“Unidn”), filed two arbitration proceedings before the Conciliation and Arbitration Bureau (“CAB”) against Centro Médico del Turabo, Inc. d/b/a Hospital HIMA San Pablo Caguas and Hospital HIMA San Pablo Fajardo (““HIMA”) related to the non-payment of the Christmas Bonus. The arbitrator issued two (2) arbitration awards in favor of Union, and awarded statutory penalties and attorneys” fees. App. 59a & App. 81a. The Court of First Instance, (“CFI”) denied Petitioner’s request for review of the arbitration awards finding that it lacked jurisdiction. App. 43a. Petitioner appealed to the Puerto Rico Court of Appeals, (“PRCA”) which revoked the CFI. App. 25a. The PRCA remanded the case to the CFI, to allow for one of the two arbitration awards to be reviewed by the CFI. Union and HIMA filed cross petitions for certiorari before the Puerto Rico Supreme Court challenging the Opinion and judgment entered by the PRCA. The Puerto Rico Supreme Court revoked the judgment entered by the PRCA, and reinstated the judgment of the CFI in its entirety. App. la The questions presented are: 1. Whether the Puerto Rico Supreme Court erred and violated the presumption against retroactivity and procedural due process when it retroactively applied the Rules of the Puerto Rico Appellate Court for the review of administrative determinations to the review procedures for arbitration awards filed before u the CFI’s which until HIMA’s underlying case before the CFI, had been subject to different procedural rules applicable in said forum, and summarily reinstated the arbitration awards without allowing any recourse for review. 2. Whether the Puerto Rico Supreme Court erred in failing to affirm the PRCA and find that HIMA had timely filed and paid the corresponding filing fees for at least one (1) appeal of the arbitration awards granted by the CAB’s Arbitrator.

Docket Entries

2022-10-17
Petition DENIED.
2022-09-28
DISTRIBUTED for Conference of 10/14/2022.
2022-09-16
Waiver of right of respondent Union General de Trabajadores to respond filed.
2022-08-22
Petition for a writ of certiorari filed. (Response due September 23, 2022)

Attorneys

Centro Médico del Turabo, Inc. d/b/a Hospital HIMA San Pablo Caguas and Hospital HIMA San Pablo Fajardo
Jeanette M. LopezLaw Offices of Jeannette Lopez de Victoria, Petitioner
Union General de Trabajadores
Edwin Rivera-CintronERC-Legal, Respondent