Guam Administrative Code

§15120. Same: Officers. It shall be the duty of the hearings officer to inquire fully into the facts as to whether the respondent has engaged in or is engaging in an unfair labor practice as set forth in the complaint or amended complaint. The hearings officer shall have authorit…

§15121. Same: Same: Unavailability . In the event the hearings officer designated to conduct the hearing becomes unavailable to the Board after the hearing has been concluded and before the filing of his Intermediate Report, the Board may transfer the case to itself for purposes …

§15122. Same: Same: Withdrawal. A hearings officer may withdraw from a proceeding whenever he deems himself disqualified. Any party may request the hearings officer, at any time following his designation and before filing of his Intermediate Report, to withdraw on grounds of pers…

§15123. Same: Rights of Parties. Any party shall have the right to appear at such hearing in person, by counsel or by other duly authorized representative; to call, examine and cross-examine witnesses, and to introduce into the record documentary or other evidence.

§15124. Same: Stipulations of Fact. At any such hearing stipulations of fact may be introduced in evidence with respect to any issue.

§15125. Same: Objections. Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, may be stated orally or in writing, accompanied by a short statement of the grounds of such objection, and shall be included in the record.…

§15126. Same Evidence. In such hearing, the Board or the hearings officer shall not be bound by technical rules of evidence. However, no hearsay evidence shall be admitted or considered; and all irrelevant, immaterial or unduly repetitious evidence shall be excluded. Rules or pri…

§15127. Same: Facts . The Board or the hearings officer may take notice of judicially recognizable facts. In addition, it may take notice of generally recognized technical or scientific facts within its specialized knowledge; but parties shall be afforded an opportunity to contes…

§15128. Same: Exclusions . Contemptuous conduct at any hearing before a hearings officer or the Board shall be ground for exclusion from the hearing. The refusal of a witness at any such hearing to answer any question which has been ruled to be proper shall, in the discretion of …

§15129. Same: Findings and Conclusions. Any party shall be entitled, upon request, to a reasonable period at the close of the hearing for oral argument, which shall not be included in the stenographic report of the hearing, unless so directed by the person conducting the hearing.…

§15130. Intermediate Reports and Recommended Orders. After the final hearing, the hearings officer or any member of the Board conducting the hearing shall promptly make and file an Intermediate Report and Recommended Order incorporating findings of fact upon all the issued involv…

§15131. Same: Interlocutory Order . Pending the final determination of such controversy, the hearings officer or any member of the Board conducting the hearing may, after hearing, make interlocutory order which may be enforced as the same manner as final orders.

§15132. Same: Contents. The Intermediate Report shall contain findings of fact, conclusions and the reasons or basis therefor, upon all material issues of fact, law or discretion presented on the record. The Recommended Order shall contain the recommended disposition of the case …

§15133. Same: Not Public Information. No member of the Board, or its designated hearings officer who renders an Intermediate Report on a contested case shall consult any person on any issues of fact except upon notice and opportunity for all parties to participate, save to the ex…

§15134. Same: Filing. The hearings officer or any member of the Board conducting the hearing shall file the original of the Intermediate Report and Recommended Order with the Board and cause a copy thereof to be served upon each of the parties. Service of the Intermediate Report …

§15135. Same: Exceptions To . (a) Within ten (10) days, or within such period as the Board may allow, from the date of service of the Intermediate Report, any party may file with the Board one (1) original and four (4) copies of a statement in writing setting forth exceptions to …

§15136. Board Decision . (a) In the event no statement of exceptions is filed as herein provided, the findings, conclusions and recommendations of the hearings officer or any member of the Board conducting the hearing as contained in his Intermediate Report and Recommended Order …

§15137. Appeal of Board Decision . Within fifteen (15) days from the date of the final Decision and Order of the Board, any party aggrieved thereby may petition a judge of CH. 15 - EMPLOYMENT RELATIONS - 1997 - P. 12 the Superior Court for review of the same. The appeal shall be …

§15138. Appeal of Superior Court Decision. Any party may appeal from the decree of a Superior Court judge to the District Court. Such appeal shall be taken in the same manner and form as is provided in other cases of appeal to the District Court from a decision, judgment, order o…

§15139. Determination of Collective Bargaining Unit: Petition. A petition for determination of a collective bargaining unit under 22 GCA §5103(b) may be filed by an employee or group of employees or any individual or labor organization acting in their behalf, or by an employer in…

§15140. Same: Notice of Hearing. The petition shall be prepared on a form furnished by the Board, and the original and four (4) copies thereof shall be signed and filed with the Board. If it appears to the Board or its designated hearings officer that the petition presents a ques…

§15141. Same: Hearing. At such hearing, the procedure shall be governed by the provisions of 17 GAR §15111-§15129 insofar as they are applicable. Any member of the Board conducting the hearing or its hearings officer shall make and file an Intermediate Report and Recommended Orde…

§15142. Same: Board Decision . Upon the filing of the Intermediate Report by any member of the Board conducting the hearing or by its hearings officer, all subsequent proceedings shall be governed by the provisions of 17 GAR §15135 -§15138.

§15143. Election and Certification of Representatives: Petition. Any employee or group of employees or any individual or labor organization acting in their behalf, or any employer in the case of jurisdictional disputes or in CH. 15 - EMPLOYMENT RELATIONS - 1997 - P. 13 any case a…

§15144. Same: Same: Content.

§15145. Same: Election. If it appears to the Board or its hearings officer that the petition presents a question concerning representation, a pre-election conference shall be held between the interested parties, and said parties may enter into a "Stipulation for Election," as pre…

§15146. Same: Same: Result. The agent of the Board conducting an election shall make a report containing a tally of votes, serve a copy of such report upon each party in interest, and transmit a copy thereof to the Board. Any party to the proceeding who desires to file an objecti…

§15147. Same: Certification of Representatives. Immediately following such election, the Board or its hearings officer shall make findings and shall certify the results of such election, and shall issue a copy of such certificate to the employer and each of the persons whose name…

§15148. Same: Protested Ballots.

§15149. Same: Run-Off Election. The Board shall conduct a run-off election when an election in which the ballot provided for not less than three (3) choices (i.e., at least two (2) representatives and "none") results in no CH. 15 - EMPLOYMENT RELATIONS - 1997 - P. 15 choice recei…

§15150. Same: Same: Voter Eligibility. Employees who were eligible to vote in the election and who are still in an eligible category on the date of the run-off election shall be eligible to vote in the run-off election.

§15151. Same: Same: Ballots. The ballot in the run-off election shall provide for a selection between the two (2) choices receiving the largest and second largest number of votes. Upon the conclusion of the run-off election, the provisions of 17 GAR §15146-§15148 shall govern, in…

§15152. All-Union Agreements: Authority to Enter Into. An employer may enter into an all-union agreement with the bargaining representative of his employees in a collective bargaining unit, unless the Board has certified that at least a majority of such employees have acted to re…

§15153. Same: Petition to Rescind Authority. A petition to rescind the authority of a labor organization to make an all-union agreement requiring as a condition of employment membership in such labor organization may be filed by an employee or group of employees on behalf of thir…

§15154. Same: Same: Secret Ballot. Where a petition has been filed pursuant to 17 GAR §15153 and it appears to the Board or its hearings officer that the petitioner has made an appropriate showing that thirty percent (30%) or more of the employees within a unit covered by an agre…

§15155. Same: Same: Hearing. The method of conducting the hearing and the procedure following the hearing shall be governed, insofar as applicable by 17 GAR §15111-§15138.

§15156. Same: Same: Election. The method of conducting the balloting and the post-balloting procedures shall be governed by 17 GAR §15146-§15148.

§15157. Computation of Time and Certification of Documents. In computing any period of time prescribed or allowed by these Rules, the day of the act, event or default after which the designated period of time begins to run, is not to be included. The last day of the period so com…

§15158. Secretary to the Board. The secretary to the Director of Labor shall serve as the secretary to the Board, and shall certify copies of all papers and documents which are a part of any of the files or records of the Board as may be necessary or desirable from time to time.

§15159. Declaratory Rulings: Petition. Any interested person may petition the Board for a declaratory ruling or order as to the applicability of the Act or the Rules of the Board. The original of the petition shall be filed with the Board and copies of the petition shall be immed…

§15160. Same: Intervention. Any person desiring to intervene shall make a motion for intervention, stating the grounds upon which such person claims to have an interest in the petition.

§15161. Same: Decision. The Board or its hearings officer shall thereupon proceed, upon the petition and responses, and submission of briefs, to make a determination. Such determination shall be made by a declaratory order, with like effect as in the case of other Decisions and O…

§15162. Board: Powers. Pursuant to the provisions of 22 GCA §5314(b) and (c), whenever a complaint is filed with the Board, the Board shall have power to petition any court of the Territory for appropriate temporary relief or restraining order.

§15163. Preliminary Investigation of Unfair Labor Practice: Authority. Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of 22 GCA §5106(e), (f), (g) and (h), the Board shall cause a preliminary investigation to be conducted forthwi…

§15164. Same: Procedure.

§15165. Petition for Injunctive Relief. If, after such investigation, the Board or its hearings officer has reasonable cause to believe that the charges contained in the complaint are true, and that there exists probable cause for the issuance of injunctive relief by the courts, …

§15166. Hearing. Whenever temporary relief or a restraining order pursuant to 22 GCA §5314(b) and (c) has been procured by the Board, the complaint which has been the basis for such temporary relief or restraining order shall be heard expeditiously and the case shall be given pri…