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The Puerto Rico Supreme Court has reaffirmed that Puerto Rico courts lack subject-matter jurisdiction over employment claims that arguably involve unfair labor practices covered by the National Labor Relations Act (NLRA). Rodríguez Vázquez and Santana Marrero v. Hospital Español Auxilio Mutuo, 2025 TSPR 55 (May 21, 2025).

This ruling underscore the exclusive jurisdiction of the National Labor Relations Board (NLRB) over such claims — even when plaintiffs seek relief under local laws.

Background

Two unionized employees filed separate lawsuits against their former employer, Auxilio Mutuo Hospital, under Puerto Rico’s Law 115 (Retaliation) and Law 80 (Wrongful Discharge). They alleged that they were terminated in retaliation for participating as witnesses in a union-backed complaint filed with the Puerto Rico Department of Health against the Hospital.

In response, the Hospital filed motions to dismiss both cases for lack of subject-matter jurisdiction, arguing that the alleged conduct, retaliation for union-related activity, fell within the scope of Sections 7 and 8 of the NLRA and, therefore, must be adjudicated exclusively by the NLRB.

The trial court denied the motions to dismiss, but the Puerto Rico Supreme Court reversed the denial.

Court’s Ruling

The Puerto Rico Supreme Court agreed with the employer and held that local courts are preempted from hearing claims that fall within the scope of the NLRA, even when the plaintiffs framed and brought their claims under Puerto Rico statutes.

Accordingly:

Takeaways for Employers

This decision sends a clear message: employers and employees cannot bypass the NLRA’s framework by repackaging unfair labor practice claims under local employment statutes. Employers facing claims involving union activity, retaliation for testimony, or concerted employee action should closely assess whether the NLRB has, or should have, exclusive jurisdiction.

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