Chapter 10

4 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 1 CHAPTER 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT § 10101. Title. § 10102. Declaration of Policy. § 10103. Exclusions. § 10104. Definitions. § 10105. Right of Organization. § 10106. Right of Representation. § 10107. Qualifications of Employee Organizations. § 10108. Appropriate Employee Units. § 10109. Exclusive Recognition of Employee Organiza tions. § 10110. Settlement of Disputes. § 10111. Unfair Labor Practices. § 10112. Management Responsibilities. § 10113. Employee Organization Responsibilities. § 10114. Grievances. § 10115. Executive Branch Authority and Responsibil ity. § 10116. Department of Administration. § 10117. Services to Employee Organizations. § 10118. Special Bargaining Unit: Recognition of. § 10119. Same: Exclusive Bargaining Agent. § 10120. Same: Election of Agreement. § 10121. New Bargaining Units and Exclusive Recogni tion. § 10122. Same: Effective Date. § 10101. Title. This Chapter may be cited as the Public Employee- Management Relations Act of Guam. SOURCE: GC § 4400. NOTE: This Chapter is a virtual copy of the first federal Executive Order authorizing federal unions,

Chapter may be cited as the Public Employee- Management Relations Act of Guam. SOURCE: GC § 4400. NOTE: This Chapter is a virtual copy of the first federal Executive Order authorizing federal unions, signed by President Ken nedy. Obvious references to various federal agencies have been de leted and other local references added, but the substance is the same, as is most of the wording. § 10102. Declaration of Policy. The Legislature of Guam declares that it is the pol icy and purpose of this Chapter, in the public interest, to promote orderly COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 2 and constructive relationships between Government a nd its public employees by providing an opportunity for ef fective participation by employees in the formulation and i mple- mentation of policies and procedures affecting cond itions of their employment, subject to paramount requirements of la w for conducting efficient and uninterrupted operations o f Government. Further, this policy shall be effected by: (a) assuring all public employees of the right to f orm, join and assist any employee organization or to ref rain from such activity; (b)

ns o f Government. Further, this policy shall be effected by: (a) assuring all public employees of the right to f orm, join and assist any employee organization or to ref rain from such activity; (b) recognizing that legitimate employee organiza- tions provide meaningful representation for public employees for purposes of consultation and negotiat ion with government management officials; (c) continuing the prohibition against strikes, act s, activities and conduct described in Chapter 9 of th is Title; and (d) establishing implementing rules and procedures to faithfully reflect the intent and purpose of this C hapter, without modification or compromise of the merit sys tem as the basic personnel policy of the government of Gua m. SOURCE: GC § 4401. 2018 NOTE: Reference to 'territory' removed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 10103. Exclusions. [Repealed.] SOURCE: GC § 4402. Repealed by P.L. 34-123:3 (Sept. 9, 201 8). § 10104. Definitions. As used in this Chapter: (a) Government means the Executive Branch of the government of Guam, including any political or orga niza- tional subdivision thereof, and any corporation, as sociation or authority wholly owned by the

) Government means the Executive Branch of the government of Guam, including any political or orga niza- tional subdivision thereof, and any corporation, as sociation or authority wholly owned by the government of Guam . COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 3 (b) Department means the Department of Administration. (c) Director means the Director, Department of Administration. (d) Employee organization means any lawful association, labor organization, federation, counci l or brotherhood or any trade, craft or industrial union , made up in whole or in part of employees of the government of Guam and having as a primary purpose the improvemen t of working conditions among government employees, but such term shall not include any organization: (1) which asserts the right to strike against the Government, or to assist, participate or conduct an y such strike, or (2) which advocates the overthrow of the constitutional form of government in the United Sta tes or the government of Guam, or (3) which discriminates with regard to the terms or conditions of membership because of race, color creed or national origin.

al form of government in the United Sta tes or the government of Guam, or (3) which discriminates with regard to the terms or conditions of membership because of race, color creed or national origin. (e) Exclusive recognition means recognition of a qualified employee organization by the Government a s the sole representative of an appropriate unit of publi c employees for purposes of consultation and negotiat ion with management officials. (f) Organization representative means any represen- tative of an employee organization, whether an empl oyee or nonemployee of the Government, who is designated to deal with government officials in behalf of the employee organization. (g) Public employees means any persons employed in graded and ungraded positions of the classified ser vice of the Government. (h) Dispute means a disagreement between manage- ment officials and employee organizations concernin g the COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 4 appropriateness of a unit or the right of an employ ee organization to exclusive recognition.

rnin g the COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 4 appropriateness of a unit or the right of an employ ee organization to exclusive recognition. (i) Grievance means an employee’s expressed feeling of dissatisfaction with aspects of his working cond itions and working relationships which are outside his control , including appeals from adverse disciplinary actions not covered by paramount law or regulations. SOURCE: GC § 4403 . § 10105. Right of Organization. Public employees shall have the right to form, join , assist and participate in the management of employee organ izations or their own choice and to act as organization represe ntative or to refrain from any such activity, without interferenc e, restraint, coercion or discrimination and without fear of pena lty or reprisal; provided that, employees shall not partic ipate in the management of an organization or act as an organiza tion representative, where such activity would result in a conflict of interest or otherwise be incompatible with law or w ith employee’s official duties. SOURCE: GC § 4404. § 10106. Right of Representation.

resentative, where such activity would result in a conflict of interest or otherwise be incompatible with law or w ith employee’s official duties. SOURCE: GC § 4404. § 10106. Right of Representation. (a) Public employees shall have the right to be rep resented by employee organizations when exclusive recognitio n has been granted to such organizations for purposes of consu ltations and negotiations with government management officials c oncerning terms and conditions of their employment not otherw ise fixed by law and in the settlement of grievances and dispute s. (b) In the absence of exclusive recognition, manage ment officials shall consult with otherwise qualified em ployee organizations when requested or on their own initia tive, regarding the formulation and implementation of per sonnel policies and practices and matters affecting workin g conditions which are of concern to the organizations’s members hip. SOURCE: GC § 4405. 2018 NOTE: Subsection designations added pursuant to the auth ority of 1 GCA § 1606. COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 5 § 10107. Qualifications of Employee Organizations.

ons added pursuant to the auth ority of 1 GCA § 1606. COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 5 § 10107. Qualifications of Employee Organizations. As a prerequisite for securing and retaining exclus ive recognition under the provisions of this Chapter, a n employee organization must subscribe to the following standa rds either by adoption by the organization itself or by the natio nal, inter- national or federation of organizations with which it affiliates: (a) the exclusion from office in the organization o f persons affiliated with Communist or other totalita rian movements; (b) the prohibition of business or financial intere sts on the part of organization officers and agents whi ch conflict with their duty to the organization and it s members; (c) the maintenance of fiscal integrity in the cond uct of organization internal affairs; (d) the maintenance of democratic procedures and practices within the organization to provide fair a nd equal treatment of individual members. SOURCE: GC § 4406. § 10108. Appropriate Employee Units. For purposes of exclusive recognition requested by qualified employees or organizations,

ovide fair a nd equal treatment of individual members. SOURCE: GC § 4406. § 10108. Appropriate Employee Units. For purposes of exclusive recognition requested by qualified employees or organizations, appropriate units of employees shall be established by government management officials on any reasonable basis, such as departme ntal, functional, craft, or other basis, which will assure a clear and identifiable community of interest in employment co nditions among the employees involved. No unit shall be established which includes both government managerial officers, supervisors or personnel workers in other than clerical positions , and non- supervisory employees, nor shall a unit be established which includes both professional employees and non-profes sional employees unless a majority of such employees vote for inclusion in such unit. SOURCE: GC § 4407. Amended by P.L. 29-019:VI:74 (Sept. 2 9, 2007). COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 6 § 10109. Exclusive Recognition of Employee Organiza tions. Government management officials shall recognize a qualified employee organization as the exclusive re presentative of public

RELATIONS ACT 6 § 10109. Exclusive Recognition of Employee Organiza tions. Government management officials shall recognize a qualified employee organization as the exclusive re presentative of public employees in an appropriate employee unit when determination is made that the organization has a m embership of not less than ten percent (10%) of the total number of employees in the unit, and has been designated as their exclu sive repre- sentative by a majority of the unit employees, exce pt that such recognition shall not preclude: (a) any public employee, regardless of employee organization membership, from consulting with appro priate government officials on matters of personal concern to such employee or from choosing his own representative in a grievance or appellate procedure; and (b) consultations between government officials and other lawful special interest groups or association s on policies or matters of concern to public employee m embers of such groups, provided that, such consultations s hall not result in actions inconsistent with the recognition of an exclusive representative in an employee unit or adv erse to the interest of other employees in such units.

hat, such consultations s hall not result in actions inconsistent with the recognition of an exclusive representative in an employee unit or adv erse to the interest of other employees in such units. SOURCE: GC § 4408. § 10110. Settlement of Disputes. Procedures for the settlement of disputes between management officials and employee organizations or among employee organizations, concerning the appropriaten ess of employee units for exclusive recognition purposes o r concerning the right of an employee organization to receive ex clusive recognition, shall be issued by the Governor of Gua m. Such procedures shall provide, as a final step in disput e settlements where necessary: (a) advisory arbitration by a qualified nongovernme n- tal neutral party; and (b) acceptance or rejection of advisory arbitration decisions by the Governor or his designee; and COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 7 (c) the cost of arbitration to be shared equally be - tween the Government and the employee organizations involved. SOURCE: GC § 4409. § 10111. Unfair Labor Practices.

YEE -MANAGEMENT RELATIONS ACT 7 (c) the cost of arbitration to be shared equally be - tween the Government and the employee organizations involved. SOURCE: GC § 4409. § 10111. Unfair Labor Practices. The provisions of this Section apply to all governm ent of Guam management officials and to all employee organ izations accorded exclusive recognition to represent public employees under this Chapter. (a) Management officials are prohibited from: (1) restraining, coercing or interfering with the exercise of the rights assured to public employees by the terms of this Chapter; (2) dominating, sponsoring, controlling or otherwise assisting employee organizations, except that routine services and facilities may be furnished impartially to such organizations consistent with o ther provisions of this Chapter; (3) discriminating against public employees in regard to hiring, tenure or any term or condition o f employment to encourage or discourage membership in any employee organization; (4) disciplining or otherwise discriminating against any public employee for legitimate activiti es in representing an employee organization or participat ing in procedures implementing this Chapter; (5)

disciplining or otherwise discriminating against any public employee for legitimate activiti es in representing an employee organization or participat ing in procedures implementing this Chapter; (5) refusing to grant exclusive recognition to a qualified employee organization for an appropriate public employee unit; (6) refusing to consult or negotiate with an employee organization accorded exclusive recognitio n on matters within the scope of this Chapter and implementing rules and regulations. (b) Employee organizations are prohibited from: COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 8 (1) restraining, coercing or interfering with the exercise of the rights assured to public employees by the terms of this Chapter; (2) attempting to cause management official to coerce any public employee in the exercise of his r ights under this Chapter; (3) disciplining or otherwise discriminating against any public employee member of the organization as reprisal for, or for the purpose of obstructing the discharge of the employee’s officia l duties in the government service; (4) engaging in or inducing public employees to engage in any strike,

on as reprisal for, or for the purpose of obstructing the discharge of the employee’s officia l duties in the government service; (4) engaging in or inducing public employees to engage in any strike, work stoppage, slowdown or picketing against the Government; (5) discriminating against any public employees as to terms and conditions of membership because of race, color, creed or national origin; (6) denying membership to any public employee in the exclusive recognition unit, except for failu re to meet reasonable standards of the employee organization uniformly applied to all other members . SOURCE: GC § 4410. § 10112. Management Responsibilities . Government management officials shall retain the ri ght and responsibility, in accordance with applicable law a nd regulations to: (a) maintain efficient government operations and direct public employees; (b) hire, promote, transfer and assign employees to government positions; (c) suspend, demote, discharge or take other disciplinary action against employees for just caus e; COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 9 (d) to determine the methods, organization and assignment of

y action against employees for just caus e; COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 9 (d) to determine the methods, organization and assignment of personnel for the conduct of operatio ns, including necessary actions in emergency situations . SOURCE: GC § 4411. COURT DECISIONS: 1. Section 11012 gives the government wide powers of supervision over the education system and its employees, which it cannot delegate away and make subject to t he wishes of a teachers = union. 2. A contract provision which would continue it in perpetuity subject only to union members = approval of a new contract is an illegal delegation of power from the Board of Education to the teachers = union. People v. GFT, D.C.Guam App. Div. 1978, 2 Guam R. 203. § 10113. Employee Organization Responsibilities. An employee organization which has been recognized as exclusive representative of an appropriate public e mployee unit, under provisions of this Chapter, shall be responsi ble for representing the interests of all employees in the unit without discrimination and without regard to organization m embership, and shall be entitled to: (a) request conferences

ll be responsi ble for representing the interests of all employees in the unit without discrimination and without regard to organization m embership, and shall be entitled to: (a) request conferences with government management officials concerning personnel policies and practices affecting working conditions of employees in the unit; and (b) negotiate written agreements with appropriate government officials reflecting bilateral determina tion of specific terms and conditions of employment, subjec t to paramount law and regulations; and (c) represent individual employees in grievance or appellate administrative procedures, with the conse nt of the employee involved, and to be represented and heard at any conference with an employee or his personal represe ntative on grievances or other matters affecting employment conditions in the unit; and (d) retain exclusive representation status as long as qualified under criteria of this Chapter, and for a period of not less than twelve (12) months from date of initi al COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 10 recognition without challenge by another employee organization; and (e) receive

s from date of initi al COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 10 recognition without challenge by another employee organization; and (e) receive payroll deductions for membership dues voluntarily allotted by public employee members, bu t not including initiation fees, special assessments, bac k dues, fines and similar charges against such employee mem bers, subject to recovery of reasonable costs by the Gove rnment from the employee organization for providing such s ervice. SOURCE: GC § 4412. COURT DECISIONS: Contracts negotiated under this Chapter are subject to the doctrine of Asovereign immunity @ and are subject to the Government Claims Act. Alexander v. Bordallo, D.C. Guam App. Div. 1979, 2 Guam R. 173. § 10114. Grievances. Agreements negotiated under the terms of this Chapt er between management officials and employee organizat ions which have been granted exclusive recognition in ap propriate public employee units may contain procedures for co nsideration, and final settlement of grievances, including advis ory arbitration subject to approval of the appropriate management o fficial, provided that: (a) such procedures

tain procedures for co nsideration, and final settlement of grievances, including advis ory arbitration subject to approval of the appropriate management o fficial, provided that: (a) such procedures shall be the exclusive procedur es available to public employees in the unit for settl ement of individual or group grievances; (b) the negotiated grievance procedures shall exten d only to the interpretation or application of existi ng agreements or to government personnel policies and regulations and not to changes in government polici es, and shall not extend to the settlement of disputes or a llegations of unfair labor practices for which procedures are otherwise provided by law or regulation; (c) advisory arbitration, if included in the proced ures, shall be invoked only with the consent of the publi c employees involved and the exclusive employee organ iza- tion representative, and arbitration expenses shall be shared equally between the Government and the employee organization. COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 11 SOURCE: GC § 4413. § 10115. Executive Branch and Responsibility.

ernment and the employee organization. COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 11 SOURCE: GC § 4413. § 10115. Executive Branch and Responsibility. A comprehensive employee-management relations progr am, consistent with the policies in this Chapter, shall be under the direction and control of the Governor of Guam in ac cordance with the powers and duties vested in him by the Org anic Act of Guam and the Guam Code Annotated and shall be admin istered by the Director, Department of Administration, who shall have the powers and functions described in this Chapter, in addition to responsibilities heretofore or hereafter assigned t o that Depart- ment. SOURCE: GC § 4414. § 10116. Department of Administration. (a) Effective no later than six (6) months followin g approval of this Chapter, the Director, Department of Administration, shall issue appropriate policies, r ules and regulations, with the approval of the Governor of G uam, for the implementation of this Chapter, including: (1) procedures for the determination of appropriate public employee units and for the determination of exclusive recognition of employee organizations by

he implementation of this Chapter, including: (1) procedures for the determination of appropriate public employee units and for the determination of exclusive recognition of employee organizations by current membership lists, by valid signed authorization car ds, dues deductions authorizations, or secret ballot electio ns if necessary; (2) procedures to resolve disputes concerning publi c employee units and exclusive recognition status of em- ployee organizations; (3) procedures for the negotiation of written agree - ments between government officials and exclusive re pre- sentatives of public employees, with clarification of subjects within the scope of negotiations, in whole or in pa rt; (4) methods of resolving impasses in negotiations, with consideration of mediation and advisory arbitr ation procedures; COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 12 (5) procedures for voluntary authorizations by publ ic employees for payroll deductions of membership dues allotted to employee organizations which have been granted exclusive recognition in an appropriate unit; (6) procedures for determination of the merits of allegations of unfair

ons of membership dues allotted to employee organizations which have been granted exclusive recognition in an appropriate unit; (6) procedures for determination of the merits of allegations of unfair labor practices by employee o rgani- zations or management officials; (7) delegations of authority to heads of department s and agencies to assist in carrying out the objectiv es of the Chapter; (8) terms and conditions for securing advisory services of competent mediators, arbitrators or con sultants for dispute settlement or other problem areas in em ployee- management relationships; (9) provision for technical advice to departments a nd agencies on implementation of the employee-manageme nt relations program. (b) In the formulation of such policies, rules and regulations, the Director shall consult with and co nsider the view of identifiable interested employee organizations a nd shall conduct such other inquiries as may be appropriate to assure orderly and equitable procedures. (c) The Director shall also develop programs for tr aining of government management officials in their responsibi lities for the employee-management relations objectives and shall provide for continuous

The Director shall also develop programs for tr aining of government management officials in their responsibi lities for the employee-management relations objectives and shall provide for continuous study and review of the effectiveness of the comprehensive program and implementing procedures w ith a view toward making recommendations for improvement. SOURCE: GC § 4415. 2018 NOTE: Subsection/subitem designations added/altered purs uant to the authority of 1 GCA § 1606. § 10117. Services to Employee Organizations. Solicitation of memberships, collection of membersh ip dues or other internal organization business may be cond ucted only during nonduty hours of the employees involved. Thi s does not COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 13 preclude reasonable government services to employee organi- zations, such as provision for bulletin boards and space for organization meetings on nonduty hours. Consultatio ns and negotiations between government officials and emplo yees organization representatives shall be conducted dur ing regular duty hours of public employees involved, subject to reasonable rules concerning the duration of

een government officials and emplo yees organization representatives shall be conducted dur ing regular duty hours of public employees involved, subject to reasonable rules concerning the duration of such meetings and the number of employees participating in consultations and neg otiations. SOURCE: GC § 4116. COURT DECISIONS: SUPER.CT. 1981 The Department of Administration did not alter the rules and regulati ons, but only changed the interpretation of them and, therefore, the Admi nistrative Adjudication Act was not violated when the Department permitted wider dues check off that it had permitted previously. § 10118. Special Bargaining Unit: Recognition of. Notwithstanding § 10108 of this Chapter, a new barg aining unit to be known as 'Special Bargaining Unit' is es tablished within the Guam Community College created by Divisi on 4 of 17 GCA. The bargaining unit shall include those pos itions transferred to the Community College as a result of the enactment of the Community College Act of 1977 whic h were included within an employee bargaining unit prior t o such transfer. The Special Bargaining Unit shall be of a limited duration and shall come into existence on the trans fer

Act of 1977 whic h were included within an employee bargaining unit prior t o such transfer. The Special Bargaining Unit shall be of a limited duration and shall come into existence on the trans fer date of the positions involved as provided for by §§ 6 and 13 o f the Community College Act of 1977 [P.L. 14-77]. The dur ation of the Special Bargaining Unit shall be one (1) year f rom said transfer date. Upon the expiration of one (1) year, the Special Bargaining Unit shall expire and cease to exist. SOURCE: GC § 4417, as added by P.L. 14-77. NOTE: Section 2 of P.L. 14-77 contains the Community College Act by nature of the language found in 17 GCA § 30101 (for mer § 11960 GC). Reference to §§ 6 and 13 of the Community College A ct of 1977 may have been intended to read §§ 6 and 13 of this P.L. 14-77. Section 6 of P.L. 14-77 reads: 'Section 6. Transfer of Positions and Personnel. (a) All positions and the employees occupying said positions on the effective date hereof in the Depar tment of COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 14 Education, the University of Guam, the Department o f Labor and the Guam Vocational-Technical High

t of COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 14 Education, the University of Guam, the Department o f Labor and the Guam Vocational-Technical High School who a re exclusively employed in the operation or administra tion of the programs except those relating to the Police Ac ademy set forth in Section 5 of this Act are hereby transferr ed to the Guam Community College. (b) On September 28, 1978, all positions and the employees occupying said positions who are exclusiv ely employed in the operation or administration of the Police Academy are transferred to the Guam Community Colle ge.' Section 13 of P.L. 14-77 reads: 'Section 13. Effective Date. This Act shall take effect upon adoption provided t hat none of the transfer provisions provided for herein shall be effective until sixty (60) days after the confirmat ion of four (4) members of the Board of Trustees. Further provi ded that the Board may by resolution extend the effective da te of any or all such transfer provisions for another ninety (90) days. Provided, however, that the transfer provisions sha ll be effective no later than July 1, 1978 except those p ertaining to the

te of any or all such transfer provisions for another ninety (90) days. Provided, however, that the transfer provisions sha ll be effective no later than July 1, 1978 except those p ertaining to the Police Academy.' § 10119. Same: Exclusive Bargaining Agent. Except as provided for in § 10120, every position w ithin the Special Bargaining Unit shall continue to be subjec t to such collective bargaining agreement as it was subject t o prior to the transfer date mentioned in § 10118. Such collective bargaining agreements shall be applicable within the Special B argaining Unit to the greatest extent practicable during the time that the Special Bargaining Unit is in existence. SOURCE: GC § 4418, as added by P.L. 14-77. § 10120. Same: Election of Agreement. No sooner than thirty (30) days from the transfer d ate mentioned in § 10118 of this Chapter, the incumbent s of the positions within the Special Bargaining Unit may, i f a majority of their number so desire, elect to be covered by o ne of the collective bargaining agreements effective within t he Special Bargaining Unit to the exclusion of all others.

g Unit may, i f a majority of their number so desire, elect to be covered by o ne of the collective bargaining agreements effective within t he Special Bargaining Unit to the exclusion of all others. Evi dence of the election of the majority of the members within the Special Bargaining Unit of a collective bargaining agreemen t may be COL11720184 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE -MANAGEMENT RELATIONS ACT 15 made by any of the methods mentioned in § 10114(a) of this Chapter. SOURCE: GC § 4419, as added by P.L. 14-77. § 10121. New Bargaining Units and Exclusive Recogni tion. Prior to the expiration of one hundred and eighty ( 180) days after the transfer date mentioned in § 10118 of thi s Chapter, government management officials shall entertain req uests from qualified employee organizations pursuant to § 1010 8 of this Chapter and shall make determinations relative to t he granting of exclusive recognition of employee organizations pur suant to § 10109 of this Chapter; provided that no bargaining unit or units which are determined appropriate shall come into ex istence until one hundred and eighty-one (181) days after the tra nsfer date mentioned in § 10118 of

ter; provided that no bargaining unit or units which are determined appropriate shall come into ex istence until one hundred and eighty-one (181) days after the tra nsfer date mentioned in § 10118 of this Act; and further provi ded that exclusive recognition shall not be granted to any e mployee organization until the expiration of one hundred an d eighty-one (181) days from the transfer date mentioned in § 10 118 of this Chapter. SOURCE: GC § 4420, as added by P.L. 14-77. § 10122. Same: Effective Date. Negotiations between the College and an exclusive bargaining agent or exclusive bargaining agents rec ognized for any unit or units within the College may commence u pon the determination of such exclusive recognition, provid ed that no agreement negotiated may be effective until the exp iration of the Special Bargaining Unit provided for in § 10118 of this Chapter. SOURCE: GC § 4421, as added by P.L. 14-77. ---------- COL1172018