Chapter 5

22 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 1 CHAPTER 5 GUAM EMPLOYMENT RELATIONS ACT Article 1. Guam Employment Relations Act. Article 2. Employment Practices: Unlawful Discrimin ation. Article 3. Labor Disputes: Jurisdiction of Courts. Article 4. Strikebreakers. ARTICLE 1 GUAM EMPLOYMENT RELATIONS ACT § 5101. Definitions. § 5102. Rights of Employees. § 5103. Representatives and Elections. § 5104. Guam Employment Relations Board. § 5105. Unfair Labor Practices of Employers. § 5106. Unfair Labor Practices of Employees. § 5107. Unfair Labor Practices of any Person. § 5108. Prevention of Unfair Labor Practices. § 5109. Financial Reports to Employees. § 5110. Rules and Regulations. § 5111. Public Records and Proceedings. § 5112. List of Labor Organizations. § 5113. Penalty. § 5114. Construction. § 5115. Conflicting Provisions. § 5116. Cooperation with National Labor Relations B oard. § 5117. Provision for Union Leader Release Time. § 5101. Definitions. When used in this Chapter: (a) Person includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees or receivers.

ader Release Time. § 5101. Definitions. When used in this Chapter: (a) Person includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees or receivers. (b) Employer means a person who engages the service of an employee, and includes any person acting on behalf of an employer, but shall not include the government of Guam, or any la bor organization or anyone acting in behalf of such organization other than when it is acting as an employer in fact. COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 2 (c) Employee includes any person, other than an independent contractor, working for another, for hire, in the t erritory, and shall not be limited to the employees of a particular employe r unless the context clearly indicates otherwise; and includes any indiv idual whose work has ceased solely as a consequence of or in connection with any current labor dispute, or because of any unfair labor pract ice on the part of an employer and (1) who has not refused or failed to r eturn to work upon the final disposition of a labor dispute or a charg e of an unfair labor practice by a tribunal having competent jurisdictio n of

mployer and (1) who has not refused or failed to r eturn to work upon the final disposition of a labor dispute or a charg e of an unfair labor practice by a tribunal having competent jurisdictio n of the same or whose jurisdiction was accepted by the employee or his representative, (2) who has not been found to be committing or a pa rty to any unfair labor practice hereunder, (3) who has not obtained regular and substantially equivalent employment elsewhere, or ( 4) who has not been absent from his employment for a substantial p eriod of time during which reasonable expectancy of settlement ha s ceased (except by an employer's unlawful refusal to bargain) and w hose place has been filled by another engaged in the regular manner for an indefinite or protracted period and not merely for the duration o f a strike or lockout; but shall not include any individual employed in th e domestic service of a family or person at his home or any individual em ployed by his parent or spouse, or any person employed in an executive o r supervisory capacity, or any individual employed by any employe r employing less than two individuals, or any individual subject to the jurisdiction of the National

erson employed in an executive o r supervisory capacity, or any individual employed by any employe r employing less than two individuals, or any individual subject to the jurisdiction of the National Labor Relations Act, as amended from time to time; provided, that the term employee includes any individual subject to the jurisdiction of the National Labor Relations Act, a s amended from time to time, but over whom the National Labor Relations Board has declined to exercise jurisdiction or has indicated by its decisions and policies that it will not assume jurisdiction. (d) Representative includes any person chosen by an employee to represent him. (e) Collective bargaining is the negotiating of an employer and a majority of his employees in a collective bargainin g unit (or their representatives) concerning representation of terms and conditions of employment of such employees in a mutually genuine effort tot reach an agreement with reference to the subject under ne gotiation. COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 3 (f) Collective bargaining unit means all of the employees of one employer (employed within the territory), except th at where a

24201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 3 (f) Collective bargaining unit means all of the employees of one employer (employed within the territory), except th at where a majority of such employees engaged in a single craft, divisi on, department or plant have voted by secret ballot to constitute suc h group a separate bargaining unit, they shall be so considered. Two o r more collective bargaining units may bargain collectively through t he same representative where a majority of the employees in each separate unit have voted by secret ballot so to do. (g) Unfair labor practice means any unfair labor practice as defined in §§ 5105 and 5106. (h) Labor dispute means any controversy between an employer and any of his employees having the formal approval of the majority of his employees in a collective bargaining unit conce rning the right or process of details of collective bargaining or the designation of representatives. Any organization with which either the employer or such majority is affiliated may be considered a par ty to the labor dispute. (i) All union agreement means an agreement between an employer and the representative of his employees in a

he employer or such majority is affiliated may be considered a par ty to the labor dispute. (i) All union agreement means an agreement between an employer and the representative of his employees in a collec tive bargaining unit whereby all of the employees in such unit are requi red to be members of a single labor organization. (j) Board means the Guam Employment Relations Board, provided for by § 5104. (k) Election means a proceeding in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives or for any other purpose specified in this Chapter and shall include elections conducted by the Board, or, unless the context clearly indicates otherwise, by any tribunal having competent jurisdiction or whose jurisdiction was accepted by the parties. (l) Secondary boycott includes combining or conspiring to cause or threaten to cause injury to one (1) with whom no labor dispute exists, whether by (1) withholding patronage, labor or othe r beneficial business intercourse, (2) picketing, (3) refusing t o handle, install, use or work on particular materials, equipment or supplies , or (4) by any other unlawful means, in order to bring

r beneficial business intercourse, (2) picketing, (3) refusing t o handle, install, use or work on particular materials, equipment or supplies , or (4) by any other unlawful means, in order to bring him against his w ill into a concerted plan to coerce or inflict damage upon another. COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 4 (m) Person employed in an executive or supervisory capa city means any employee who has the authority to hire or fire other employees whose suggestions and recommendations as to hiring or firing and as to the advancement, promotion or demo tion of other employees will be given particular weight. SOURCE: GC § 56000. § 5102. Rights of Employees. Employees shall have the right of self-organization and the right to form, join or assist labor organizations, to bargai n collectively through representatives of their own choosing, and to engag e in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection, and such employees shall also have the right to refrain from any and all such activities, provided, that employees m ay be required to join a union under an all-union agreement as

aid or protection, and such employees shall also have the right to refrain from any and all such activities, provided, that employees m ay be required to join a union under an all-union agreement as provided in § 5104. SOURCE: GC § 56001. § 5103. Representatives and Elections. (a) Representatives chosen for the purposes of coll ective bargaining by a majority of the employees voting in a collective bargaining unit shall be the exclusive representatives of all the employees in s uch unit for the purposes of collective bargaining. Any individual employee o r any minority group of employees in any collective bargaining unit shall h ave the right at any time to present grievances to their employer in person o r through representatives of their choosing. (b) Whenever a question arises concerning the deter mination of a collective bargaining unit as defined in § 5101, th e Board, in order to assure to employees the fullest freedom in exercising the rights guaranteed by this Chapter, shall conduct an appropriate hearing upon due notice and it shall decide in each case the unit appropriate for the pu rpose of collective bargaining.

exercising the rights guaranteed by this Chapter, shall conduct an appropriate hearing upon due notice and it shall decide in each case the unit appropriate for the pu rpose of collective bargaining. (c) Whenever a question arises concerning the repre sentation of employees in a collective bargaining unit, the Boar d shall determine the representatives thereof by taking a secret ballot o f employees and certifying in writing the results thereof to the interested pa rties and to their employer. There shall be included on any ballot for the elect ion of representatives the names of all persons submitted by an employer or gr oup of employees COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 5 participating in the election, except that the Boar d may in its discretion exclude from the ballot one who, at the time of the election, stands deprived of his rights under this Chapter by reason of a pri or adjudication of his having engaged in an unfair labor practice. The bal lot shall be so prepared as to permit of a vote against representation by any o ne named on the ballot.

r by reason of a pri or adjudication of his having engaged in an unfair labor practice. The bal lot shall be so prepared as to permit of a vote against representation by any o ne named on the ballot. The Board's certification of the results of any ele ction shall be conclusive unless an appeal is taken therefrom under the provi sion of this Chapter. (d) Questions concerning the representation of empl oyees may be raised by petition of any employee, or group of employees, or his representative, or labor organization acting in their behalf, or by pe tition of his employer in the case of jurisdictional disputes or in any case afte r a union has requested recognition. Where it appears by the petition that an emergency exists requiring prompt action, the Board shall act upon t he petition forthwith and hold the election requested within such time as wil l meet the requirements of the emergency presented. The fact that one election has been held shall not prevent the holding of another election among the s ame group of employees, if it appears to the Board that sufficient reason t herefor exists.

ted. The fact that one election has been held shall not prevent the holding of another election among the s ame group of employees, if it appears to the Board that sufficient reason t herefor exists. In any election where the choices on the ballot do not receive a ma jority, a run-off shall be conducted, the ballot providing for a selection bet ween the two choices receiving the largest and second largest number of valid votes cast in the election. SOURCE: GC § 56001.1. § 5104. Guam Employment Relations Board . There is within the government of Guam the Guam Emp loyment Relations Board, composed of five members, consisti ng of the Director of the Department of Labor, ex officio, two (2) member s appointed by the Governor with the advice and consent of the Legisla ture who shall be representatives from labor and two (2) members appo inted by the Governor with the advice and consent of the Legislature who shall be management representatives. The term of office of the appointi ve members shall be for five (5) years, except that the original appointees shall be appointed for terms of one (1), two (2), three (3) and four (4) y ears.

atives. The term of office of the appointi ve members shall be for five (5) years, except that the original appointees shall be appointed for terms of one (1), two (2), three (3) and four (4) y ears. As their terms expire, new members shall be appointed to fill vacancies an d such appointments shall be made for terms of five (5) years. The Boar d shall have the power to engage its own attorney for the purpose of assistin g it in carry out its functions; such attorney to be outside the classifi ed service of the government of Guam. COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 6 SOURCE: GC § 56002. § 5105. Unfair Labor Practices of Employers. It shall be an unfair labor practice for an employe r individually or in concert with others: (a) To interfere with, restrain or coerce his emplo yees in the exercise of the rights guaranteed in § 5102; (b) To initiate, create, dominate or interfere with the formation or administration of any labor organization or contrib ute financial support to it, but an employer shall not be prohibited from reimbursing employees at their prevailing wage rate for time sp ent conferring with him, nor from cooperating with

or contrib ute financial support to it, but an employer shall not be prohibited from reimbursing employees at their prevailing wage rate for time sp ent conferring with him, nor from cooperating with representatives of a t least a majority of his employees in a collective bargaining unit, at t heir request, by permitting employee organizational activities on em ployer premises or the use of employer facilities where such activitie s or use create no additional expense to the employer; (c) To encourage or discourage membership in any la bor organization by discrimination in regard to hiring, tenure or other terms or conditions of employment. An employer, however, may enter into an all-union agreement with the bargaining representat ives of his employees in a collective bargaining unit, unless t he Board has certified that at least a majority of such employees have vot ed to rescind the authority of their bargaining representative to neg otiate such all-union agreement within one (1) year preceding the date of such agreement. No employer shall justify any discrimination agains t any employee for non-membership in a labor organization if he has re asonable grounds for believing that:

r preceding the date of such agreement. No employer shall justify any discrimination agains t any employee for non-membership in a labor organization if he has re asonable grounds for believing that: (1) such membership was not available to the employ ee on the same terms and conditions generally applicable to other members; (2) or that membership was denied or terminated for reasons other than the failure of the employee to tender pe riodic dues and the initiation fees uniformly required as a conditi on for acquiring or retaining membership. (d) To refuse to bargain collectively with the repr esentative of a majority of his employees in any collective bargain ing unit. If an COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 7 employer files with the Board a petition requesting a determination as to majority representation, he shall not be deemed to have refused to bargain until an election has been held and the res ult thereof has been certified to him by the Board; (e) To bargain collectively with the representative s of less that a majority of his employees in a collective bargainin g unit, or to enter into an all-union agreement except in the manner pr

Board; (e) To bargain collectively with the representative s of less that a majority of his employees in a collective bargainin g unit, or to enter into an all-union agreement except in the manner pr ovided in paragraph (b) of this section; (f) To violate the terms of a collective bargaining agreement; (g) To refuse or fail to recognize or accept as con clusive of any issue in any controversy as to employment relations , the final determination of the Board or of any tribunal of co mpetent jurisdiction; (h) To discharge or otherwise discriminate against an employee because he has filed charges or given information o r testimony under the provisions of this Chapter; (i) To deduct labor organization dues or assessment s from an employee's earnings, unless the employer has been p resented with an individual order therefor, signed by the employee p ersonally; (j) To employ any person to spy upon employees or t heir representatives respecting their exercise of any ri ght created or approved by this Chapter; (k) To make, circulate or cause to be circulated a black list. SOURCE: GC § 56003. § 5106. Unfair labor Practices of Employees.

cting their exercise of any ri ght created or approved by this Chapter; (k) To make, circulate or cause to be circulated a black list. SOURCE: GC § 56003. § 5106. Unfair labor Practices of Employees. It shall be an unfair labor practice for an employe e individually or in concert with others: (a) To coerce or intimidate an employee in the enjo yment of his legal rights, including those guaranteed in § 5102; (b) To coerce, intimidate or induce any employer to interfere with any of his employees in the enjoyment of his legal rights, including those guaranteed in § 5102, or to engage in any pra ctice with regard to his employees which would constitute an unfair labo r practice if undertaken by him on his own initiative; COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 8 (c) To violate the terms of a collective bargaining agreement; (d) To refuse or fail to recognize or accept as con clusive of any issue in any controversy as to employment relations the final determination of the Board or of any tribunal of co mpetent jurisdiction; (e) To cooperate in engaging in, promoting or induc ing picketing (not constituting an exercise of constitutionally g uaranteed

termination of the Board or of any tribunal of co mpetent jurisdiction; (e) To cooperate in engaging in, promoting or induc ing picketing (not constituting an exercise of constitutionally g uaranteed freedom of speech), boycotting or any other overt act accompan ying a strike, unless a majority in a collective bargaining unit of the e mployees of an employer against whom such acts are primarily direc ted have voted by secret ballot to call a strike; (f) To hinder or prevent, by mass picketing, threat s, intimidation, force or coercion of any kind, the pursuit of any l awful work of employment, or to obstruct or interfere with entran ce to or egress from any place of employment, or to obstruct or interfer e with free and uninterrupted use of public roads, streets, highway s, railways, airports or other ways of travel or conveyance; (g) To engage in a secondary boycott; or to hinder or prevent by threats, intimidation, force, coercion or sabotage, the obtaining, use or disposition of materials, equipment or services; or to combine or conspire to hinder or prevent, by any means whatsoe ver, the obtaining, use or disposition of materials, equipment or servi ce.

se or disposition of materials, equipment or services; or to combine or conspire to hinder or prevent, by any means whatsoe ver, the obtaining, use or disposition of materials, equipment or servi ce. Nothing herein shall prevent sympathetic strikes in support of tho se in similar occupations working for other employees in the same craft; (h) To take unauthorized possession of property of the employer or to engage in any concerted effort to interfere with production except by leaving the premises in an orderly manner for the p urpose of going on strike. SOURCE: GC § 56004. § 5107. Unfair Labor Practices of any Person. It shall be an unfair labor practice for any person to do or cause to be done, or behalf or in the interest of employers or employees, or in connection with or to influence the outcome of any controversy as to employment relations, any act prohibited by '§ 5104 and 5105. SOURCE: GC § 56005. COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 9 § 5108. Prevention of Unfair Labor Practices. (a) Any controversy concerning unfair labor practic es may be submitted to the Board in the manner and with the effect prov ided in this Chapter, but nothing

08. Prevention of Unfair Labor Practices. (a) Any controversy concerning unfair labor practic es may be submitted to the Board in the manner and with the effect prov ided in this Chapter, but nothing herein shall prevent the pursuit of relief in courts of competent jurisdiction. (b) Any party in interest may file with the Board a written complaint, or a form provided by the Board, charging any person w ith having engaged in any specific unfair labor practice. The Board shall serve a copy of the complaint upon the person charged, hereinafter refe rred to as the respondent. If the Board has reasonable cause to believe that t he respondent is a member of or represented by a labor union, then service up on an officer of such union shall be deemed to be service upon the respon dent. Service may be by delivery to the person or by mail or by telegram. A ny other person claiming interest in the dispute or controversy, as an emplo yer, an employee or their representative, shall be made a party upon proof of such interest. The Board may bring in additional parties by service of a cop y of the complaint.

controversy, as an emplo yer, an employee or their representative, shall be made a party upon proof of such interest. The Board may bring in additional parties by service of a cop y of the complaint. Only one complaint shall issue against a person with res pect to a single controversy, but any complaint may be amended in th e discretion of the Board at any time prior to the issuance of a final order based thereon. The respondent may file an answer to the original or am ended complaint but the Board may find to be true any allegation in the com plaint in the event either no answer is filed or the answer neither specifical ly denies nor explains such allegation, nor states that the respondent is witho ut knowledge concerning such allegation. The respondent shall have the righ t to appear in person or otherwise give testimony at the place and time fixe d in the notice of hearing. The hearing on the complaint shall be before either the Board or a hearing officer of the Board, as the Board may determine. The Board shall fix a time for the hearing on such complaint, which shall be not less than ten (10) nor more than forty (40) days after the filing of such complaint or amendment

Board may determine. The Board shall fix a time for the hearing on such complaint, which shall be not less than ten (10) nor more than forty (40) days after the filing of such complaint or amendment thereof, and notice sha ll be given to each party by service on him personally or by mailing a copy thereof to him at his last known post office address at least ten (10) da ys before such hearing. In case a party in interest is located without Guam an d has no known post office address within Guam, a copy of the complaint and copies of all notices shall be filed in the office of the Director of Adm inistration and shall also be sent by registered mail to the last known post offi ce address of such party. Such filing and mailing shall constitute sufficient service with the same force COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 10 and effect as if served upon a party located within Guam. Such hearing may be adjourned from time to time in the discretion of the Board and hearings may be held at such places as the Board shall desig nate. In all proceedings under this Chapter before the Bo ard, each member of the Board may issue subpoenas and administer oaths.

oard and hearings may be held at such places as the Board shall desig nate. In all proceedings under this Chapter before the Bo ard, each member of the Board may issue subpoenas and administer oaths. Depositions may be taken in the manner prescribed by law. No person sh all be excused from attending and testifying or from producing books, r ecords, correspondences, documents or other evidence in obedience to such su bpoena on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture under the laws of Guam, but such person shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing conc erning which he may testify or produce evidence, documentary or otherwi se, in such proceedings. Such person so testifying shall not be exempt, howe ver, from prosecution and punishment for perjury committed in so testifyi ng. Any person who wilfully and unlawfully fails or neg lects to appear or to testify or to produce books, papers and records as required shall upon application to an Superior Court judge, be ordered to appear before the Board, there to testify or

or neg lects to appear or to testify or to produce books, papers and records as required shall upon application to an Superior Court judge, be ordered to appear before the Board, there to testify or produce evidence if so o rdered, and failure to obey such order may be punished as a contempt of court. Each witness who appears before the Board by subpoe na shall receive for his attendance the fees and mileage provided fo r witnesses in civil cases in courts of record, which shall be audited and pai d by the government of Guam in the same manner as other expenses are audit ed and paid, upon the presentation of properly verified vouchers approved by the Board. (c) A full and complete record shall be kept of all proceedings had before the Board and all testimony shall be taken d own by a reporter engaged for such purpose or by use of a mechanical recording device. It shall not be necessary to transcribe the record unless re quested for purposes of rehearing or court review. In such proceedings the Board shall not be bound by technical rules of evidence. No hearsay evidence , however, shall be admitted or considered.

re quested for purposes of rehearing or court review. In such proceedings the Board shall not be bound by technical rules of evidence. No hearsay evidence , however, shall be admitted or considered. (d) After the final hearing, the Board shall prompt ly make and file an order or decision, incorporating findings of fact u pon all the issues involved in the controversy and the determination of the rig hts of the parties. Pending the final determination of such controversy the Boa rd may, after hearing, COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 11 make interlocutory orders which may be enforced in the same manner as final orders. Final orders may dismiss the complain t or require the person complained of to cease and desist from the unfair l abor practices found to have been committed, suspend his rights immunities, privileges or remedies granted or afforded by this Chapter for not more th an one (1) year, and require him to take such affirmative action, includ ing reinstatement of employees with or without pay, as the Board may dee m proper. Any order may further require such person to make reports fro m time to time showing the extent to which he

, includ ing reinstatement of employees with or without pay, as the Board may dee m proper. Any order may further require such person to make reports fro m time to time showing the extent to which he had complied with the order. (e) If any person fails or neglects to obey an orde r of the Board while the same is in effect, the Board may petition a jud ge of the Superior Court for the enforcement of such order and for appropria te temporary relief of restraining order, and shall certify and file in co urt the record in the proceedings, including all documents and papers on file in the matter, the pleading and testimony upon which such order was en tered, and the decision and order of the Board. Upon such filing the Board shall cause notice thereof to be served upon such person by mailing a copy to his last known post office address, and thereupon the judge shall have jurisdiction in the premises. (f) Within fifteen (15) days from the date of the d ecision or order of the Board, any party aggrieved thereby may petition a j udge of the Superior Court for review of the same, subject, however, to the general provisions of law for the calling in of another judge.

r of the Board, any party aggrieved thereby may petition a j udge of the Superior Court for review of the same, subject, however, to the general provisions of law for the calling in of another judge. Such petit ion shall state the grounds upon which a review is sought and copies thereof sh all be served upon the other parties and the Board. Service may be made by mailing such copies to the last known post office address of the parties c oncerned. If the judge is satisfied that a party in interest has been prejudi ced because of exceptional delay in the receipt of a copy of the decision or o rder, he may extend the time another fifteen (15) days in which such petiti on may be filed. The Board shall thereupon file in the court the record in the proceedings. The petition may thereupon be brought on for hearing be fore the judge upon such record by any party on ten (10) days' written notic e to the others. Upon such hearing, the judge may confirm, modify or set aside the decision or order of the Board and enter an appropriate decree . No obje ction that has not been urged before the Board shall be considered by the j udge unless the failure or neglect to urge such objection shall be

r of the Board and enter an appropriate decree . No obje ction that has not been urged before the Board shall be considered by the j udge unless the failure or neglect to urge such objection shall be excused bec ause of extraordinary circumstances. The findings of fact made by the Boa rd, if supported by credible, competent and substantial evidence in the record, shall be COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 12 conclusive. The judge may, in his discretion, grant leave to adduce additional evidence where such evidence appears to be material and reasonable cause is shown for failure to have adduc ed such evidence in the hearing before the Board (g) In any proceedings for review of a decision or order of the Board, the judge shall disregard any irregularity or error unless it is made to appear affirmatively that the complaining party was prejud iced thereby. (h) Commencement of proceedings under subsection (f ) of this section shall not stay enforcement of the Board decisions o r order; but the Board, or the reviewing court may order a stay upon such term s as it deems proper.

ceedings under subsection (f ) of this section shall not stay enforcement of the Board decisions o r order; but the Board, or the reviewing court may order a stay upon such term s as it deems proper. (i) Petitions filed under this section shall have p reference over any civil cause of a different nature pending in the Superior Court, shall be heard expeditiously, and the Superior Court shall always be deemed open for the trial thereof. (j) Any party may appeal from the decree of a Super ior Court judge entered under the provisions of this Chapter to the District Court. Such appeal shall be taken and prosecuted in the same ma nner and form and with the same effect as is provided in other cases of ap peal to the District Court from a decision, judgment, order or decree of a jud ge of the Superior Court. (k) A substantial compliance with the procedure of this Chapter shall be sufficient to give effect to the decisions and orde rs of the Board, and they shall not be declared inoperative, illegal or void for any non-prejudiced irregularity in respect thereof. (l) No complaints of any specific unfair labor prac tice shall be considered unless filed within ninety (90) days of its

ative, illegal or void for any non-prejudiced irregularity in respect thereof. (l) No complaints of any specific unfair labor prac tice shall be considered unless filed within ninety (90) days of its occurrence. SOURCE: GC § 56006. § 5109. Financial Reports to Employees. Every person acting as the representative of employ ees for collective bargaining shall keep an adequate record of his fin ancial transactions, and shall present annually, to such employees as may be members of the association with which such representative is conne cted, within sixty (60) days after the end of his fiscal year, a detailed w ritten financial report thereof in the form of a balance sheet and an operating sta tement. In the event of failure of compliance with this section, any such e mployee may petition the Board for an order compelling such compliance. An o rder of the Board on COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 13 such petition shall be enforceable in the same mann er as other orders of the Board under this Chapter. SOURCE: GC § 56007. § 5110. Rules and Regulations.

TIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 13 such petition shall be enforceable in the same mann er as other orders of the Board under this Chapter. SOURCE: GC § 56007. § 5110. Rules and Regulations. The Board may adopt rules and regulations relative to the exercise of its powers and authority and to govern the proceedings before it in accordance with the provisions of the Administrative Adjudicat ion Act. SOURCE: GC § 56008. § 5111. Public Records and Proceedings. The complaints, orders and testimony relating to a proceeding instituted by the Board under § 5108 shall be public records a nd be available for inspection or copying. All proceedings pursuant to § 5108 shall be open to the public. SOURCE: GC § 56009. § 5112. List of Labor Organizations. The Board shall maintain a list of labor organizati ons. To be recognized as such and to be included in the list, an organiza tion shall file with the Board a statement of its name, the name and address of its secretary or other officer to whom notices may be sent, the date of it s organization and its affiliations, if any, with other organizations.

oard a statement of its name, the name and address of its secretary or other officer to whom notices may be sent, the date of it s organization and its affiliations, if any, with other organizations. No other qualifications for inclusion shall be required, but every labor organi zation shall notify the Board promptly of any change of name, or of the nam e and address of its secretary or other officer to whom notices may be s ent, or of its affiliations. SOURCE: GC § 56010. § 5113. Penalty. Any person who intentionally assaults, resists, pre vents, impedes or interferes with any member of the Board or any of i ts agents or agencies in the performance of duties pursuant to this Chapter shall be guilty of a misdemeanor. SOURCE: GC § 56010.1. Amended by P.L. 13-187:251. § 5114. Construction. Except as specifically provided in this Chapter, no thing herein shall be construed so as to interfere with or impede or dimi nish in any way the right COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 14 to strike or the right of individuals to work, nor shall anything in this Chapter be so construed as to invade unlawfully the right t o freedom of speech.

TIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 14 to strike or the right of individuals to work, nor shall anything in this Chapter be so construed as to invade unlawfully the right t o freedom of speech. SOURCE: GC § 56010.2. § 5115. Conflicting Provisions. Wherever the application of the provisions of other laws conflict with the application of the provisions of this Chapter, this Chapter shall prevail, provided that in any situation where the provision s of this Chapter cannot be validly enforced, the provisions of such other laws shall apply. SOURCE: GC § 56010.3. § 5116. Cooperation with National Labor Relations B oard. The Board shall cooperate with the National Labor R elations Board and its agents and representatives. SOURCE: GC § 56010.4. § 5117. Provision for Union Leader Release Time. (a) Legislative Findings. I Liheslaturan Guåhan fin ds that existing union contracts with the Guam Community College and the University of Guam provide for release time for the president of the union to address issues related to their collective bargaining unit. I Liheslaturan Guåhan further finds that such release time can be leave w ithout pay and that it is in the interests of the public and

n to address issues related to their collective bargaining unit. I Liheslaturan Guåhan further finds that such release time can be leave w ithout pay and that it is in the interests of the public and the employees that such a policy of permitting release time be uniform throughout the government o f Guam. (b) Authorization for Release time. Any government of Guam employee who is a President or head of a union representing a recognized collective bargaining unit of the government of Guam shall be provided release time for the purpose stipulated in this Section and shal l have their assigned work duties adjusted accordingly. This release time does not have to be paid leave and shall be used to conduct union-related business , and to address issues important to their respective collective bargaining units. The President/Union head may not use this release time for union organizing efforts. SOURCE: Added by P.L. 27-106:VI:35. ---------- COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 15 ARTICLE 2 EMPLOYMENT PRACTICES : UNLAWFUL DISCRIMINATION § 5201. Discriminatory Practices Made Unlawful; Off enses Defined. § 5202. Definitions. § 5203.

LATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 15 ARTICLE 2 EMPLOYMENT PRACTICES : UNLAWFUL DISCRIMINATION § 5201. Discriminatory Practices Made Unlawful; Off enses Defined. § 5202. Definitions. § 5203. Discriminatory Practices Against Disabled P ersons Made Unlawful; Offenses Defined. § 5204. Exceptions. § 5205. Enforcement Jurisdiction; Power of Departme nt to Prevent Unlawful Discrimination. § 5206. Complaint Against Unlawful Discrimination. § 5207. Proceeding on Complaint. § 5208. Proceeding on Complaint: Hearings Under Adm inistrative Adjudication Law. § 5209. Proceeding on Complaint: Findings and Order s Thereon; Requirement that Order Show Rights of Appeal. § 5210. Rules and Regulations. § 5211. Certain Other Laws Not Affected. § 5212. Penalties. § 5201. Discriminatory Practices Made Unlawful; Off enses Defined. It shall be an unlawful employment practice or unlawful dis crimination: (a) For any employer to refuse to hire or employ or to bar or discharge from employment, or otherwise to discrimi nate against any individual in compensation or in the terms, conditi ons, or privileges of employment because of race, sex (including gender i dentity or expression), age, religion,

rwise to discrimi nate against any individual in compensation or in the terms, conditi ons, or privileges of employment because of race, sex (including gender i dentity or expression), age, religion, color, honorably discha rged veteran and military status, sexual orientation, or ancestry; (b) For any employment agency to fail or refuse to refer or employ, or to classify or otherwise to discriminate against any individual because of race, sex (including gender i dentity or expression), age, religion, color, honorably discha rged veteran and military status, sexual orientation, or ancestry; (c) For any employer or employment agency to print, circulate or cause to be printed or circulated any statement, ad vertisement or publication or to use any form of application for e mployment or to make any inquiry in connection with prospective emp loyment, which COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 16 expresses, directly or indirectly, any limitation, specification or discrimination as to race, sex (including gender id entity or expression), age, religion, color, honorably discharged veteran and military status, sexual orientation, or ancestry, unless

ification or discrimination as to race, sex (including gender id entity or expression), age, religion, color, honorably discharged veteran and military status, sexual orientation, or ancestry, unless based on a bona fide occupational qualification. All employers or emplo yment agencies shall have up to six (6) months to modify personnel forms and policies to come into compliance with the changes to the Gua m Code contained in this Act; (d) For any labor organization to exclude or expel from its membership any person or to discriminate in any way against any of its members, employer or employees because of race, sex (including gender identity or expression), age, religion, colo r, honorably discharged veteran and military status, sexual orie ntation, or ancestry; (e) For any employer, labor organization or employm ent agency to discharge, expel, or otherwise discriminate against any person because he has opposed any practice forbidden by this Chapt er, or because he has filed a complaint, testified or assisted in any proceeding respecting the employment practices and discrimination prohibi ted under this Chapter.

ractice forbidden by this Chapt er, or because he has filed a complaint, testified or assisted in any proceeding respecting the employment practices and discrimination prohibi ted under this Chapter. (f) For any person whether an employer, employee or not, to aid, abet, incite, compel or coerce the doing of any of the practices forbidden by this Chapter, or to attempt to do so. (g) for any employer, labor organization or employm ent agency to require any person to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment, or to require a person to abstain or re frain from membership in any labor union or labor organization as a condition of employment or continuation of employment, or to req uire any person to pay dues, fees or other charges of any kind to any labor union or labor organization as a condition of employment. (h) For any employer to use the circumstances of a n individual’s credit history as a reason for denial of employment , or as a reason for termination of employment, unless the circumstances are substantially related to the requirements of a particular job or licensed activity.

y as a reason for denial of employment , or as a reason for termination of employment, unless the circumstances are substantially related to the requirements of a particular job or licensed activity. An employer may request a credit history background ch eck as part of the application process where it is shown to be directl y related to the COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 17 position sought by the applicant under at least one of the following circumstances: (1) the position requires bonding or other security under state or federal law for an individual holding the positi on; (2) the position is managerial and involves setting the direction or control of the business; (3) the position meets criteria in specified federa l or state administrative rules to establish the circumstances when a credit history is a bona fide occupational requirement; (4) the duties of the position involve access to cu stomers’, employees’, or the employer’s personal or financial information other than information customarily provided in a re tail transaction; (5) the duties of the position involve a fiduciary responsibility to the employer; or (6) the position

l or financial information other than information customarily provided in a re tail transaction; (5) the duties of the position involve a fiduciary responsibility to the employer; or (6) the position includes an expense account. Any employer who chooses, consistent with this Subs ection, to use an individual’s credit history as a part of the hiring process, or an individual’s credit history as part of the retentio n process, shall disclose this fact to the individual, and shall obtain written consent from the individual prior to requesting a credit history background check. The employer shall follow all of the legal rules set out in the federa l Fair Credit Reporting Act for any subsequent determinati on(s) or action(s) taken as a result of information contained in an in dividual’s credit history background check. For the purposes of this Subsection, the term 'fiduciary responsibility ' shall refer to a relationship in which an employee has a responsibility of care for the prope rty or funds of the employer or its customers. SOURCE: GC § 56020. Subsection (g) added by P.L. 25-125:3 ( May 15, 2000). Subsection (h) added by P.L. 33-035:2 (June 10, 201 5).

of care for the prope rty or funds of the employer or its customers. SOURCE: GC § 56020. Subsection (g) added by P.L. 25-125:3 ( May 15, 2000). Subsection (h) added by P.L. 33-035:2 (June 10, 201 5). Subsections (a) - (d) amended by P.L. 33-064:2 (Aug. 25, 2015). 2015 NOTE: P.L. 33-064:5 and 6 (Aug. 25, 2015) sets forth a re ligious exemption, codified at 1 GCA § 715, to the amendments to subse ctions (a), (b), (c), and (d) pursuant to P.L. 33-064:2. § 5202. Definitions. As used in this Chapter: COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 18 (a) Disability means any condition or characteristic that renders a person a disabled person as defined in Subsection ( b) of this Section. (b) Disabled person means any person who: (1) has a physical or mental impairment which subst antially limits one or more major life activities; (2) has a history of, or has been classified as hav ing an impairment which substantially limits one or more m ajor life activities; (3) has a physical or mental impairment that does n ot substantially limit major life activities but that is treated by others as constituting such a limitation; or (4) has a physical or mental

ties; (3) has a physical or mental impairment that does n ot substantially limit major life activities but that is treated by others as constituting such a limitation; or (4) has a physical or mental impairment that substa ntially limits major life activities only as a result of th e attitudes of others as having such an impairment. (c) Discriminate or discrimination means to segregate or unreasonably differentiate in treatment, whether in tended or unintended, or to act in a manner fair in form but discriminatory in operation based upon disability or use of adaptive devices. (d) Major life activities means functions such as, but not limited to, caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. (e) Physical or mental impairment means: (1) any physiological disorder or condition, cosmet ic disfigurement or anatomical loss affecting one or m ore of the following body systems: neurological, musculoskelet al, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive genito-urinary, hemic and l ymphatic, skin and endocrine; or (2) any mental or physiological disorder, such as m

organs, respiratory, including speech organs, cardiovascular, reproductive, digestive genito-urinary, hemic and l ymphatic, skin and endocrine; or (2) any mental or physiological disorder, such as m ental retardation, organic brain syndrome, emotional or m ental illness and specific learning disabilities. (f) Use of adaptive device means the utilization of any item to compensate for a physical or mental impairment, inc luding but not COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 19 limited to, braces or other supports, wheel chairs, talking boards, hearing aids, corrective lenses or seeing eye dogs. (g) Qualified individual means an individual who can perform the essential functions of the job in question. As appl ied to a disabled individual, qualified individual means an individual who, with reasonable accommodation, can perform the essential functions of the job in question. Receipt or alleged receipt of trea tment for a disability, whether physical or mental shall not constitute evi dence of a person's inability to perform the essential functions of a p articular job or position.

alleged receipt of trea tment for a disability, whether physical or mental shall not constitute evi dence of a person's inability to perform the essential functions of a p articular job or position. In addition, uninsurability or increased cost of insurance under a group or employee insurance plan does not render a disabled person unqualified. If a disabled person is qualified to perform a part icular occupation by reason of training or experience, the nature of that occupation shall not be the basis for exception to the unfair or dis criminatory practices prohibited by this Section. (h) Sexual orientation means having a preference for heterosexuality, homosexuality, or bisexuality, hav ing a history of any one or more of these preferences, or being identifi ed with any one or more of these preferences. (i) Gender identity or expression means a person's actual or perceived gender, as well as a person's gender iden tity, gender-related self-image, gender-related appearance, or gender-re lated expression, regardless of whether that gender identity, gender- related self-image, gender-related appearance, or gender-related expres sion is different from that traditionally associated

r-re lated expression, regardless of whether that gender identity, gender- related self-image, gender-related appearance, or gender-related expres sion is different from that traditionally associated with the person' s sex at birth. (j) Veteran and military status means a person's status on active duty in or status as a veteran of the armed forces of the United States, status as a current member or veteran of any reserv e component of the armed forces of the United States, including the Un ited States Army Reserve, United States Marine Corps Reserve, United States Navy Reserve, United States Air Force Reserve, and Unite d States Coast Guard Reserve, or status as a current member or vet eran of the Guam National Guard. SOURCE: GC § 56020.1. Added by P.L. 17-45:1 (Jan. 18, 1984) . Subsection (h) - (j) added by P.L. 33-064:3 (Aug. 25, 2015). COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 20 2015 NOTE: P.L. 33-054:5 and 6 (Aug. 25, 2015) sets forth a religious exemption, codified at 1 GCA § 715, to subsections (h), (i), a nd (j) added pursuant to P.L. 33- 054:3. § 5203. Discriminatory Practices Against Disabled P ersons Made Unlawful; Offenses Defined.

ous exemption, codified at 1 GCA § 715, to subsections (h), (i), a nd (j) added pursuant to P.L. 33- 054:3. § 5203. Discriminatory Practices Against Disabled P ersons Made Unlawful; Offenses Defined. It shall be an unlawful employment practice or unla wful discrimination: (a) For an employer to refuse to hire or employ or promote or to bar or discharge from employment, any qualified ind ividual because of his disability or use of adaptive devices provided that an employer may refuse to hire an individual for good cause relatin g to the ability of the individual to perform the work in question; (b) For an employer to discriminate against any ind ividual in compensation or in the terms, conditions or privile ges of employment because of disability or use of adaptive devices; (c) For an employer or employment agency to print, circulate or cause to be printed or circulated any statement, ad vertisement or publication or to use any form of application for e mployment or to make any inquiry in connection with prospective emp loyment, which expresses, directly or indirectly, any limitation, specification or discrimination as to disability or use of adaptive devices, unless based on a

iry in connection with prospective emp loyment, which expresses, directly or indirectly, any limitation, specification or discrimination as to disability or use of adaptive devices, unless based on a bona fide occupational qualification; (d) For any labor organization to exclude or expel from its membership any person or to discriminate in any way against any of its members, employer or employees because of disabilit y or use of adaptive devices; (e) For any employer, labor organization or employm ent agency to discharge, expel or otherwise discriminate against any person because he has opposed any practice forbidden by this Chapt er, or because he has filed a complaint, testified or assisted in any proceeding respecting the employment practice and discrimination prohibit ed under this Chapter; and (f) For any person whether an employer, employee or not, to aid, abet, incite, compel or coerce the doing of any of the practices forbidden by this Chapter, or attempt to do so. SOURCE: GC § 56020.2. Added by P.L. 17-45:2. COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 21 § 5204. Exceptions.

practices forbidden by this Chapter, or attempt to do so. SOURCE: GC § 56020.2. Added by P.L. 17-45:2. COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 21 § 5204. Exceptions. (a) An employer shall accommodate a known disabilit y of an employee or applicant for employment unless the employer dem onstrates that the accommodations would impose an undue hardship in th e conduct or business. (b) This Chapter shall not apply to the employment of any individual by a parent, spouse or child or of an individual in do mestic service, or where, as part of his or her employment, the individual resid es in the personal residence of the employer or renders a personal ser vice to the employer or members of his or her family. (c) This Chapter shall not apply to the use of qual ifications based upon disability when the qualification is a bona fide oc cupational qualification, certified by the Office of Equal Employment Opportu nity in advance of the use. The exceptions permitted in this Section based on bona fide occupational qualifications shall be strictly const rued. SOURCE: GC § 56020.3. Added by P.L. 17-45:3. § 5205.

nity in advance of the use. The exceptions permitted in this Section based on bona fide occupational qualifications shall be strictly const rued. SOURCE: GC § 56020.3. Added by P.L. 17-45:3. § 5205. Enforcement Jurisdiction; Power of Departme nt to Prevent Unlawful Discrimination. The Department of Labor, hereinafter referred to as 'Department' shall have jurisdiction over the subject of employment pr actices and discrimination over the subject of employment pract ices and discrimination made unlawful by this Chapter. When it shall appear to it that an unlawful employment practice or discrimination may have been committed, the Department shall make a prompt investigation in con nection therewith. If it is determined after such investigation that further action is warranted, the Department shall immediately endeavor to eliminate the unlawful employment practice or discrimination complained of , by conference, conciliation and persuasion. SOURCE: GC § 56021. § 5206. Complaint Against Unlawful Discrimination. An person claiming to be aggrieved by an alleged un lawful employment practice or discrimination, may file with the Depar tment a verified complaint in writing which shall

st Unlawful Discrimination. An person claiming to be aggrieved by an alleged un lawful employment practice or discrimination, may file with the Depar tment a verified complaint in writing which shall state the name and address o f the person, employer, labor organization or employment agency alleged to have committed the unlawful employment practice or discrimination comp lained of, and which COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 22 shall set forth the particulars thereof and contain such other information as may be required by the Department. The Attorney Gen eral may, in like manner, make, sign and file such complaint. No complaint shall be filed after the expiration of ninety (90) days after the alleged act of unlawful employment practice or discrimination. SOURCE: GC § 56022. § 5207. Proceeding on Complaint. After the filing of any accusation, an investigatio n shall be made and an attempt to eliminate such practice or discriminatio n shall be made, unless such attempt has previously been made. In case of failure to eliminate such practice or di scrimination, or in advance thereof, if in the judgment of the Departme nt, circumstances

ll be made, unless such attempt has previously been made. In case of failure to eliminate such practice or di scrimination, or in advance thereof, if in the judgment of the Departme nt, circumstances warrant, a written accusation, together with a copy of such complaint, as the same may have been amended, shall be issued and ser ved requiring the person, employer, labor organization or employment agency named in such accusation, hereinafter referred to as 'respondent' , to answer the charges of such accusation at a hearing. SOURCE: GC § 56023. § 5208. Same: Hearings Under Administrative Adjudic ation Law. Hearings held under the provisions of this Chapter shall be conducted in accordance with the Administrative Adjudication Law. SOURCE: GC § 56024. § 5209. Same: Findings and Orders Thereon; Requirem ent That order Show Rights of Appeal. If the Department finds that a respondent has engag ed in any unlawful employment practice or discrimination as defined in this Chapter, the Department shall state its findings of fact and sha ll issue and cause to be served on such respondent an order requiring such r espondent to cease and desist from such unlawful employment practice or di

rtment shall state its findings of fact and sha ll issue and cause to be served on such respondent an order requiring such r espondent to cease and desist from such unlawful employment practice or di scrimination and to take such affirmative action, including (but not limited to) hiring, reinstatement or upgrading of employees, with or without back pay , or restoration to membership in any respondent labor organization, as , in the judgment of the Department, will effectuate the purpose of this Cha pter, and including a requirement for report of the manner of compliance. If the Department finds COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 23 that a respondent has not engaged in any such unlaw ful employment practice or discrimination, the Department shall state its f indings of fact and shall issue and cause to be served on the complainant an order dismissing the accusation as to such respondent. A copy of its ord er shall be delivered in all cases to the Attorney General and such other public officers as the Department deems proper. Any order issued by the Department shall have print ed on its face, reference to the provisions of the Administrative A

Attorney General and such other public officers as the Department deems proper. Any order issued by the Department shall have print ed on its face, reference to the provisions of the Administrative A djudication Law which prescribed the rights of appeal of any party to the proceeding to whose position the order is adverse. SOURCE: GC § 56025. § 5210. Rules and Regulations. The Department shall make such rules and regulation s, not inconsistent with this Chapter, as in the judgment of the Depart ment seem appropriate for the carrying out of the provision of this Chapter a nd for the efficient administration thereof, such rules to be issued and promulgated pursuant to the provisions of the Administrative Adjudication l aw. SOURCE: GC § 56026. § 5211. Certain Other Laws Not Affected. Nothing contained in this Chapter shall be construe d to conflict with the laws relating to child labor, not to prohibit the e stablishment and maintenance of bona fide occupational qualification s, nor to prevent the termination or change of the employment of any pers on who is unable to perform his duties, not to interfere with the opera tion of the terms or conditions of any bona fide retirement,

to prevent the termination or change of the employment of any pers on who is unable to perform his duties, not to interfere with the opera tion of the terms or conditions of any bona fide retirement, pension, em ployee benefit, or insurance plan, nor to bar any religious or denomin ational institution or organization, or any organization operated for char itable or educational purposes, which is operated, supervised or controll ed by or in connection with a religious organization, from giving preferen ce to persons of the same religion or denomination or from making such select ion as is calculated by such organization to promote the religious principl es for which it is established or maintained. SOURCE: GC § 56027. § 5212. Penalties. COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 24 Whoever shall intentionally resist, prevent, impede or interfere with the Department or any of its agents or representatives in the performance of duties pursuant to this Chapter, or who shall in an y manner intentionally violate an order of the Department, shall be guilty of a misdemeanor. SOURCE: GC § 56028. Amended by P.L. 13-187:252.

nce of duties pursuant to this Chapter, or who shall in an y manner intentionally violate an order of the Department, shall be guilty of a misdemeanor. SOURCE: GC § 56028. Amended by P.L. 13-187:252. ---------- ARTICLE 3 LABOR DISPUTES : JURISDICTION OF COURTS § 5301. Court Jurisdiction Restricted. § 5302. Statement of Public Policy. § 5303. Labor or Employer Organizations; Agreement Against. § 5304. Acts Not Subject to Restraint. § 5305. Concert of Acts; Effects on Jurisdiction. § 5306. Liability of Association, Officers, Members . § 5307. Hearing. § 5308. Complainant; Compliance with Legal Obligati on; Effort to Settle. § 5309. Necessity for Prior Findings of Facts; Limi tation of Prohibitions. § 5310. Appeal. § 5311. Contempt; Speedy and Public Trial. § 5312. Contempt; Demand for Retirement of Judge. § 5313. When Chapter Applicable: Definitions. § 5314. Proceedings Arising Under Employment Relati ons Act; Court Jurisdiction Over. § 5301. Court Jurisdiction Restricted. No court of the Territory of Guam shall have jurisd iction to issue any restraining order or temporary or permanent injunct ion in a case involving or growing out of a labor dispute, except in strict co nformity

the Territory of Guam shall have jurisd iction to issue any restraining order or temporary or permanent injunct ion in a case involving or growing out of a labor dispute, except in strict co nformity with the provisions of this Chapter; nor shall any such rest raining order or temporary or permanent injunction be issued contrary to the p ublic policy declared herein. SOURCE: GC § 56030. § 5302. Statement of Public Policy. COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 25 In the interpretation of this Chapter and in determ ining the jurisdiction and authority of the courts of the territory, as su ch jurisdiction and authority are defined and limited in this Chapter, the public policy of the territory is declared as follows: Under prevailing economic conditions, developed wit h the aid of governmental authority for owners of propert y to organize in corporate and other forms of ownership associati on, the individual unorganized worker is commonly helpless to exercise actual liberty of contract and to protect his freed om of labor, and thereby to obtain acceptable terms and conditions o f employment; wherefore, though he should be free to declare to a

to exercise actual liberty of contract and to protect his freed om of labor, and thereby to obtain acceptable terms and conditions o f employment; wherefore, though he should be free to declare to a ssociate with his fellows, it is necessary that he have full free dom of association and self-organization, and in the designation of re presentatives of his own choosing, to negotiate the terms and condit ions of his employment, and that he be free from the interferen ce, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other activities of mutual aid or protection; there fore, the following definitions of and limitations upon the j urisdiction and authority of the courts of the territory are enacte d. SOURCE: GC § 56031. § 5303. Labor or Employer Organizations; Agreement Against. Any undertaking or promise, such as is described in this section, or any other undertaking or promise in conflict with the p ublic policy declared in § 5302, is declared to be contrary to the public poli cy of the territory, shall not be enforceable in

his section, or any other undertaking or promise in conflict with the p ublic policy declared in § 5302, is declared to be contrary to the public poli cy of the territory, shall not be enforceable in any court of the territory and sh all not afford any basis for the granting of legal or equitable relief by any su ch court, including specifically the following: Every undertaking or promise hereafter made, whethe r written or oral, express or implied, constituting or contained in any contract or agreement of hiring or employment between any indiv idual, firm, company, association, or corporation, and any emplo yee or prospective employee of the same, whereby: COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 26 (a) Either party to such contract or agreement unde rtakes or promises not to join, become or remain a member of any labor organization or of any employer organization; or (b) Either party to such contract or agreement unde rtakes or promises that he will withdraw from an employment r elation in the event that he joins, becomes, or remains a member o f any labor organization or of any employer organization. SOURCE: GC § 56032. § 5304.

ses that he will withdraw from an employment r elation in the event that he joins, becomes, or remains a member o f any labor organization or of any employer organization. SOURCE: GC § 56032. § 5304. Acts Not Subject to Restraint. No court of the territory shall have jurisdiction t o issue any restraining order or temporary or permanent injunction in any c ase involving or growing out of any labor dispute to prohibit any person or persons participating or interested in such dispute (as these terms are here in defined) from doing, whether singly or in concert, any of the following acts: (a) Ceasing or refusing to perform any work or to r emain in any relation of employment; (b) Becoming or remaining a member of any labor org anization, regardless of any such undertaking or promise as is described in § 5303; (c) Paying or giving to, or withholding from, any p erson participating or interested in such labor dispute, any strike or unemployment benefits or insurance, or other moneys or things of value; (d) By all lawful means aiding any person participa ting or interested in any labor dispute who is being procee ded against in, or is prosecuting, any action or suit in any court of the

ngs of value; (d) By all lawful means aiding any person participa ting or interested in any labor dispute who is being procee ded against in, or is prosecuting, any action or suit in any court of the territory; (e) Giving publicity to the existence of, or the fa cts involved in any labor dispute, whether by advertising, speaking, pa trolling, or by any other method not involving fraud or violence; (f) Assembling peaceably to act or to organize to a ct in promotion of their interests in a labor dispute; (g) Advising or notifying any person of an intentio n to do any of the acts heretofore specified; COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 27 (h) Agreeing with other persons to do or not to do any of the acts heretofore specified; and (i) Advising, urging, or otherwise causing or induc ing without fraud or violence the acts heretofore specified, re gardless of any such undertaking or promise as is described in § 5303. SOURCE: GC § 56033. § 5305. Concert of Acts; Effects on Jurisdiction. No court of the territory shall have jurisdiction t o issue a restraining order or temporary or permanent injunction upon the ground that any of the persons

Concert of Acts; Effects on Jurisdiction. No court of the territory shall have jurisdiction t o issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a labor disp ute constitute or are engaged in an unlawful combination or conspiracy be cause of the doing in concert of the acts enumerated in § 5304. SOURCE: GC § 56034. § 5306. Liability of Association, Officers, Members . No officer or member of any association or organiza tion, and no association or organization participating or intere sted in a labor dispute, shall be held responsible or liable in any court of the t erritory for the unlawful acts of individual officers, members, or agents except u pon clear proof of actual participation in, or actual authorization of such a cts, or of ratification of such acts after actual knowledge thereof. SOURCE: GC § 56035. § 5307. Hearing. No court of the territory shall have jurisdiction t o issue a temporary or permanent injunction in any case involving or growi ng out of a labor dispute, as defined in this Chapter, except after h earing the testimony of witnesses in open court (with opportunity for cross

r permanent injunction in any case involving or growi ng out of a labor dispute, as defined in this Chapter, except after h earing the testimony of witnesses in open court (with opportunity for cross -examination) in support of the allegations of a complaint made under oath, and testimony in opposition thereto if offered, and except after fin dings of act by the courts, to the effect: (a) That unlawful acts have been threatened and wil l be committed unless restrained, or have been committed and will be continued unless restrained, but no injunction or temporary restrain ing order shall be issued on account of any threat or unlawful act exc epting against the person or persons, association, or organization mak ing the threat or COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 28 committing the unlawful act or actually authorizing or ratifying the same after actual knowledge thereof; (b) That substantial and irreparable injury to comp lainant's property will follow; (c) That as to each item of relief granted, greater injury will be inflicted upon complainant by the denial of relief than will be inflicted upon defendants by the granting of relief; (d) That

ollow; (c) That as to each item of relief granted, greater injury will be inflicted upon complainant by the denial of relief than will be inflicted upon defendants by the granting of relief; (d) That the complainant has no adequate remedy at law; and (e) That the public officers charged with the duty to protect complainant's property are unable or unwilling to f urnish adequate protection. Such hearing shall be held after due and personal n otice thereof has been given, in such manner as the court shall direc t, to all known persons against whom relief is sought, and also to the Dire ctor of Public Safety charged with the duty to protect complainant's prop erty; provided, that if a complainant shall also allege that, unless a tempor ary restraining order shall be issued without notice, a substantial and irrepar able injury to complainant's property will be unavoidable, such a temporary rest raining order may be issued upon testimony under oath, sufficient, if su stained, to justify the court in issuing a temporary injunction upon a hearing af ter notice. Such a temporary restraining order shall be effective for no longer than five (5) days and shall become void at the expiration

he court in issuing a temporary injunction upon a hearing af ter notice. Such a temporary restraining order shall be effective for no longer than five (5) days and shall become void at the expiration of the five (5) days. No temporary restraining order or temporary injunction shall be issued except on condition that complainant shall first file an undertaking wi th adequate security in an amount to be fixed by the court, sufficient to reco mpensate those enjoined for any loss, expense, or damage caused by the impr ovident or erroneous issuance of such order or injunction, including all reasonable costs (together with a reasonable attorney's fee), and expense of d efense against the order or against the granting of any injunctive relief sough t in the same proceeding and subsequently denied by the court. The undertaking mentioned in this section shall be understood to signify an agreement entered into by the complainan t and the surety upon which a decree may be rendered in the same suit or proceeding against the complainant and surety, upon a hearing to assess da mages of which hearing complainant and surety shall have reasonable notice , the complainant and surety submitting

e suit or proceeding against the complainant and surety, upon a hearing to assess da mages of which hearing complainant and surety shall have reasonable notice , the complainant and surety submitting themselves to the jurisdiction of the court for that purpose. COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 29 But nothing in this section contained shall deprive any party having a claim or cause of action under or upon such undertaking f rom electing to pursue his ordinary remedy by suit at law or in equity. SOURCE: GC § 56036. § 5308. Complainant; Compliance With legal Obligati on; Effort to Settle. No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any oblig ation imposed by law which is involved in the labor dispute in question, or who has failed to make every reasonable effort to settle such dispute eith er by negotiation or with the aid of any available governmental machinery of medi ation or voluntary arbitration. SOURCE: GC § 56037. § 5309. Necessity for Prior Findings of Fact; Limit ation of Prohibitions.

otiation or with the aid of any available governmental machinery of medi ation or voluntary arbitration. SOURCE: GC § 56037. § 5309. Necessity for Prior Findings of Fact; Limit ation of Prohibitions. No restraining order or temporary or permanent inju nction shall be granted in a case involving or growing out of a lab or dispute, except on the basis of findings of fact made and filed by the cou rt in the record of the case prior to the issuance of such restraining order or injunction; and every restraining order or injunction granted in a case i nvolving or growing out of a labor dispute shall include only a prohibition of such specific act or acts as may be expressly complained of in the bill of compl aint or petition filed in such case and as shall be expressly included in the finding of fact made and filed by the court as provided in this Chapter. SOURCE: GC § 56038. § 5310. Appeal. Whenever the Superior Court of Guam shall issue or deny any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to t he proceedings and on his filing the usual bond for costs, forthwith certify as in ordinary cases the record of

or growing out of a labor dispute, the court shall, upon the request of any party to t he proceedings and on his filing the usual bond for costs, forthwith certify as in ordinary cases the record of the case to the District Court, for its r eview. Upon the filing of such record in the District Court, the appeal shall be heard and the temporary injunctive order affirmed, modified, or set aside w ith the greatest possible expedition, giving the proceedings precedence over all other matters except older matters of the same character. SOURCE: GC § 56039. COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 30 § 5311. Contempt; Speedy and Public Trial. In all cases arising under this Chapter in which a person shall be charged with contempt in a court of the territory, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the territory; provided, that this right shall not apply to contem pt committed in the presence of the court or so near thereto as to inte rfere directly with the administration of justice or to apply to the misbeh avior, misconduct, or disobedience of any officer of the court in respect to the writs, orders, or

near thereto as to inte rfere directly with the administration of justice or to apply to the misbeh avior, misconduct, or disobedience of any officer of the court in respect to the writs, orders, or process of the court. SOURCE: GC § 56040. § 5312. Contempt; Demand for Retirement of Judge. The defendant in any proceeding for contempt of cou rt may file with the court a demand for the retirement of the judge sitting in the proceeding, if the contempt arises from an attack upon the char acter or conduct of such judge and if the attack occurred elsewhere than in the presence of the court or so near thereto as to interfere directly with th e administration of justice. Upon the filing of any such demand the judge shall thereupon proceed no further, but another judge shall be designated in t he same manner as is provided by law. The demand shall be filed prior to the hearing in the contempt proceeding. SOURCE: GC § 56041. § 5313. When Chapter applicable; Definitions. When used in this Chapter, and for the purposes of this Chapter: (a) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in t he same industry, trade, craft, or

ter, and for the purposes of this Chapter: (a) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in t he same industry, trade, craft, or occupation; or have direct or indi rect interests therein; or who are employees of the same employer; or who are members of the same or an affiliated organization of employers or employees; whether such dispute is (1) between one or more employers o r associations of employers and one or more employees or associations of employees; (2) between one or more employers or associations of em ployers and one or more employers or associations of employers; or (3) between one or more employees or associations of employees and one or more employees or associations of employees; or when the case involves any conflicting or competing interests in a labor dispute (as defined in this COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 31 section) of persons participating or interested therein (as defined in this section). (b) A person or association shall be held to be a person participating or interested in a labor dispute if r elief is sought against him or it, and if he or

sted therein (as defined in this section). (b) A person or association shall be held to be a person participating or interested in a labor dispute if r elief is sought against him or it, and if he or it is engaged in the same i ndustry, trade, craft, or occupation in which such dispute occurs, or has a d irect or indirect interest therein, or is a member, officer, or agent of any association composed in whole or in part of employers or employ ees engaged in such industry, trade, craft, or occupation. (c) The term labor dispute includes any controversy concerning terms or conditions of employment, or concerning th e association or representation of persons in negotiating, fixing, m aintaining, changing, or seeking to arrange terms or conditions of employ ment, regardless of whether or not the disputants stand in the proximat e relation of employer and employee. SOURCE: GC § 56042. § 5314. Proceedings Arising Under Employment Relati ons Act; Court Jurisdiction Over. (a) When granting appropriate temporary relief or a restraining order, or making and entering a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part an o rder of the Guam

ing appropriate temporary relief or a restraining order, or making and entering a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part an o rder of the Guam Employment Relations Board, as provided in this sec tion, the jurisdiction of courts sitting in equity shall not be limited by th is Chapter. (b) The Guam Employment Relations Board shall have power, upon the filing of a complaint to petition any court of the territory for appropriate temporary relief or restraining order. Upon the fil ing of any such petition the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction to grant to the G uam Employment Relations Board such temporary relief or restrainin g order as it deems just and proper. (c) Whenever it is charged that any person has enga ged in an unfair labor practice, the preliminary investigation of su ch charge shall be made forthwith and given priority over all other cases e xcept cases of like character in the office where it is filed or to whi ch it is referred. If, after such investigation, the Guam Employment Relations Board has reasonable cause to belief such charge is true, it

of like character in the office where it is filed or to whi ch it is referred. If, after such investigation, the Guam Employment Relations Board has reasonable cause to belief such charge is true, it shall petition an y court of the territory, for COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 32 appropriate injunctive relief pending the final adj udication of the Guam Employment Relations Board with respect to such mat ter. Upon the filing of any such petition, the court shall have jurisdictio n to grant such injunctive relief or temporary restraining order as it deems j ust and proper, notwithstanding any other provision of law; provide d further, that no temporary restraining order shall be issued without notice unless a petition alleges that substantial and irreparable injury to the charging party will be unavoidable and such temporary restraining order sh all be effective for no longer than five (5) days and will become void at t he expiration of such period. Upon filing of any such petition, the court s shall cause notice thereof to be served upon any person involved in the charge and such person, including the charging party, shall be given an opp

riod. Upon filing of any such petition, the court s shall cause notice thereof to be served upon any person involved in the charge and such person, including the charging party, shall be given an opp ortunity to appear by counsel and present any relevant testimony. The ser vice of legal process upon such officer or agent shall constitute service upon the labor organization and make such organization a party to the suit. SOURCE: GC § 56043. ---------- ARTICLE 4 STRIKEBREAKERS § 5401. Unlawful Practices. § 5402. Advertising. § 5403. Penalty. § 5401. Unlawful Practices. It shall be unlawful for any person: (a) To recruit, procure, supply, or refer any perso n for employment in place of an employee involved in a labor dispute in which such person recruiting, procuring, supplying or referrin g is not directly interested. (b) When involved in a labor dispute, to employ in place of an employee involved in such labor dispute, any person who customarily and repeatedly offers himself for employment in the place of employees involved in a labor dispute, or to knowingly employ any person in place of an employee involved in a labor dispute who is r ecruited, procured, COL124201522 GCA BUSINESS

ent in the place of employees involved in a labor dispute, or to knowingly employ any person in place of an employee involved in a labor dispute who is r ecruited, procured, COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 33 supplied or referred for employment by any person n ot directly involved in the labor dispute. (c) Who customarily and repeatedly offers himself f or employment in place of employees involved in a labor dispute t o take or offer to take the place in employment of employees involved in a labor dispute. (d) Involved in a labor dispute to contract or arra nge with any other person to recruit, procure, supply or refer p ersons for employment in place of employees involved in such labor disput e. (e) To recruit, solicit, or advertise for employees , or refer persons to employment, in place of employees involved in a labor dispute, without adequate notice to such person, or in such advertisement, that there is a labor dispute at the place at which empl oyment is offered, and that the employment offered is in place of such emp loyees involved in such labor dispute. SOURCE: GC § 56050. § 5402. Advertising.

s a labor dispute at the place at which empl oyment is offered, and that the employment offered is in place of such emp loyees involved in such labor dispute. SOURCE: GC § 56050. § 5402. Advertising. If any person advertises for, or seeks employees by means of newspapers, posters, letters, radio, television or by means of any employment agency, to work for him or the person fo r whom he is acting at any shop, plant or establishment, while a strike, l ockout, or other labor dispute is still in active progress at such shop, p lant or establishment, he shall plainly and explicit mention in such advertis ement that a strike, lockout, or other labor dispute exists. The person inserting any such advertisement or by m eans of any employment agency, shall insert in such advertiseme nt his own name, and, if he is representing another, the name of the person he is representing, and at whose direction, and under whose authority he is in serting the advertisement. The appearance of this name in conne ction with such advertisement is prima facie evidence as to the per son responsible for the advertisement. SOURCE: GC § 56051. § 5403. Penalty.

the advertisement. The appearance of this name in conne ction with such advertisement is prima facie evidence as to the per son responsible for the advertisement. SOURCE: GC § 56051. § 5403. Penalty. Any person, or agent or officer thereof, who violat es any of the provisions of this Chapter is guilty of a misdemean or. COL124201522 GCA BUSINESS REGULATIONS CH. 5 GUAM EMPLOYMENT RELATIONS ACT 34 SOURCE: GC § 56052. Amended by P.L. 13-187:253. ---------- COL1242015 COL1242015