Castro Fernandez, San Juan, P. James R. Torres Braschi, San Juan, P. This is an appeal from a final decision of the Supreme Court of Puerto Rico affirming a judgment of the District Court of Puerto Rico, Section of Ponce, which sustained the complaint filed by the plaintiff herein, and ordered the defendant to pay those of its employees represented by the plaintiff a gross sum of thirty odd thousand dollars, and an equal amount as liquidated damages, in accordance with the terms of a stipulation of facts entered into by the parties with respect to the employees concerned and the amount due to each one.
It is alleged by the appellant, and not disputed by the appellee, that a law of the United States is involved in this litigation. We concede that this is so since the appellant in the role of defendant in the insular District Court, and again in the role of appellant in the Supreme Court of Puerto Rico, asserted an undue delegation of legislative power by the Legislature of Puerto Rico thereby raising a question under the Organic Act of March 2, , 39 Stat. Moreover, this is an action brought by an officer of the insular government pursuant to statutory authority, Act No.
We do not doubt our jurisdiction over this appeal under Title 28 U. The plaintiff, as the Commissioner of Labor of Puerto Rico, filed the complaint in this action in accordance with the procedure prescribed by Act No. The gist of the complaint is that from April 29, , to May 29, , the defendant employed the named employees "while shifting their turn of work during more than eight hours in different twenty-four hour periods, without paying them for the hours thus worked in excess of eight at twice the applicable regular wage rate, in violation of the provisions of paragraph B-2 a of Mandatory Decree No.
Naturally with this arrangement, each week of the season one shift worked two eight-hour periods in a single period of twenty-four hours. This action is to recover double time for the employees for the remaining seven hours of their double tours pursuant to paragraph B-2 a of Mandatory Decree No.
The parties reached agreement as to the facts, and prior to trial in the Insular District Court they filed a stipulation upon which they agreed to submit the case to the court. On appeal the Supreme Court of Puerto Rico affirmed. It took judicial notice of the defendant's petition for review of May 7, , and the Court's judgment thereon declaring Decree No.
