Puerto Rico government unions: how Act 45 works

What Act 45 of 1998 did

Before 1998, most employees of Puerto Rico's central government had no recognized right to organize into a union or bargain collectively over their working conditions. Act 45 of February 25, 1998 (the Public Service Labor Relations Act) is what changed that.

The law did two things at once: it recognized the right to organize and bargain collectively for employees of central government agencies not covered by Act 130 of 1945, and it created a body (the Public Service Labor Relations Commission) to administer the system.

Almost everything that exists today in Puerto Rico's public service around agreements, bargaining units and union complaints comes from there. If you work for a central government agency, this is your law.

Who is covered and who is left out

The law does not cover every public employee simply for being one. It leaves certain appointment types out of the bargaining units (confidence, transitory, irregular, by-the-day) and also confidential employees, meaning those whose duties involve handling the employer's bargaining information.

There are also specific restrictions on personnel tied to public safety. The law limits employees in certain protection and security areas from having as exclusive representative labor organizations with private-sector affiliates.

State police officers are the best-known separate case and have their own guide on MyPRjobs, because they do not bargain under this framework.

If your position sits near the line, do not go by a summary like this one or by what a coworker tells you. The answer is in the text of the law, in your unit's certification, and with CASP; the link to the full text is at the end of this page.

Appropriate unit, exclusive representative and certification

Two terms you will hear constantly and should be clear on from the start.

The 'appropriate unit' is the group of positions that bargain together; it is not always the whole agency; it can be by job class or by function. The 'exclusive representative' is the labor organization certified to bargain on behalf of that entire unit, and it is exclusive precisely because there can only be one.

Certification does not come from the union or the agency: it comes from the public body, after a process verifying support among the unit's employees. An organization that tells you it 'already represents' your unit should be able to show you the certification. Ask for it.

And watch the most common confusion: the certified union represents the whole unit, member or not. Being a member is an additional step, with dues, internal votes and membership services.

What goes into the agreement, and why strikes are prohibited

A public service collective agreement is not like a factory's. The law itself limits what can be agreed: some subjects are out because other laws govern them (the merit principle, retirement systems, general position classification) and there is an explicit economic limit, because clauses representing financial commitments beyond available resources cannot be negotiated.

The other limit is the one that most defines this system: strikes are prohibited in public service under this law. The prohibition is so central to the design that the law includes a total-nullity clause, if a court struck down the strike-prohibition provisions or those on financial commitments, the entire law would fall.

In exchange for not being able to strike, the system offers a forum: grievance procedures, arbitration and an appellate body. That is where your union wins or loses cases.

There is one more factor worth naming because it is real: since PROMESA, Puerto Rico government agreements coexist with certified fiscal plans. Anyone promising you a raise without mentioning where the money comes from is selling you smoke.

Where your complaint goes: CASP

The Public Service Labor Relations Commission created by Act 45 no longer exists as a separate entity. In 2010, Reorganization Plan No. 2 merged it with the Human Resources Administration System Appellate Commission (CASARH) to create the Public Service Appellate Commission, CASP.

CASP is a quasi-judicial body of the Executive Branch specializing in labor-management and merit-principle matters. It handles both cases of employees bargaining under Act 45 and those of public employees covered by Act 184 of 2004, the human resources administration law.

Practical note: if someone tells you 'that goes to the CRTSP', the name is fifteen years out of date and the advice probably is too. Verify deadlines and forms directly at casp.pr.gov, because deadlines are lost by days and are not recoverable.

Who represents public employees today

The largest organization under this framework is Servidores Públicos Unidos de Puerto Rico, Council 95, affiliated with AFSCME. Founded in 1995, it represents more than twenty thousand public employees across a dozen agencies, making it the largest union of diverse occupations in the Island's public service.

It is not the only one: other organizations are certified by agency and by unit, and sectors like teaching and energy have their own history and their own organizations.

How to know which one covers you: ask human resources what your appropriate unit is and who the certified exclusive representative is, and request a copy of the current agreement. With those three facts you know who to talk to and what covers you.