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

The Unión General de Trabajdores (“Unión”), 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 Unión, 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. Unión 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. 1a The questions presented are: 1. W hether 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