Guam Administrative Code

§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. 12 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. 14 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…

§15167. Board Decision. When upon hearing on a complaint concerning which the Board has procured temporary relief or a restraining order pursuant to 22 GCA §5314(b) and (c), the Board or its hearings officer dismisses the whole or part of such complaint, the Board shall forthwith…

§15168. Amendments to Rules: By Board. Any rule or regulation may be issued, amended or rescinded by the Board at any time in accordance with provision of Public Law 9-69.

§15169. Same: By Other Than Board. Any interested person may petition the Board in writing, for the issuance, CH. 15 - EMPLOYMENT RELATIONS - 1997 - P. 18 amendment or repeal of a rule or regulation. An original and four (4) copies of such petition shall be filed with the Board, …

§152148. Same: Protested Ballots. If a dispute arises in any election or referendum concerning the eligibility of a particular employee to vote therein, the ballot of such employee may be received under protest by the agent of the Board conducting the election. All such protested…

§15244. Same: Same: Content. The petition shall include: (a) The full name and address of the petitioner; (b) The name and address of the employer, the general nature of his business, and the approximate number of his employees; (c) A description of the bargaining unit claimed to…

§51104. Board: Powers. When by these Rules, an act is required or allowed to be done at or within a specified time, the Board for cause shown may at any time in its discretion: (a) Order the period extended if request therefor is made before the expiration of the period originall…

§51113. Intervention. Any person desiring to intervene in any proceeding shall file a motion in writing or, if made at the hearing, may move orally on the record stating the grounds upon which such person claims an interest. An original and four (4) copies of written motions shal…

§16100. Adoption of Rules and Regulations. These Rules and Regulations are adopted to aid the Guam Department of Labor and interested persons in proceedings under 22 GCA Chapter 5, Article 2, Employment Practices - Unlawful Discrimination.

§16101. Definitions. As used in these Regulations: (a) Department means the Guam Department of Labor. (b) Director means the Director of Labor. (c) Investigating Officer means a person appointed by the Director to conduct investigations under these Regulations. (d) Hearings Offic…

§16102. Complaint: Filing. A complaint that a person, employer, labor organization or employment agency has engaged or is engaging in an unlawful employment 1997 - P. 1 practice or discrimination may be filed, by any person claiming to be aggrieved by the practice, or by the Atto…

§16103. Same: Content. The complaint shall include: (a) The full name and address of the person making the complaint, hereinafter, referred to as the complainant; (b) The full name and address of the person, employer, labor organization or employment agency against whom the compl…

§16104. Same: Time of Filing. No complaint may be filed after the expiration of ninety (90) days from the date upon which the alleged act of unlawful employment practice or discrimination occurred.

§16105. Same: Amendments. A complaint or any part thereof, may be amended by a complainant at any time prior to the issuance of a notice of hearing and thereafter at the discretion of the hearings officer.

§16106. Same: Withdrawal. A complaint, or any part thereof, may be withdrawn, prior to the issuance of a notice of hearing on written consent of the investigation officer, and thereafter on written consent of the hearings officer. The request for withdrawal of the complaint shall…

§16107. Investigation. After the filing of a complaint, the investigating officer shall make prompt investigation in connection therewith.

§16108. Same: No Violation Found. If after investigation of the complaint, the investigating officer finds no violation of the Act, he shall dismiss the complaint. The complainant shall be notified in writing of such dismissal and of his right to apply to the Director for reconsi…

§16109. Same: Violation Found. If the investigating officer determines after investigation that further action is warranted, he shall immediately endeavor to eliminate the unlawful employment practice or discrimination complained of, by conference, conciliation and persuasion. If…

§16110. Reconsideration of Dismissal by Director. The complainant may apply to the Director for reconsideration of the dismissal of his complaint by the investigating officer, or of the terms of conciliation approved by the investigating officer, as the case may be. Application f…

§16111. Same: Director's Options. Whenever an application for reconsideration is made, the Director shall review the entire file, and may, in his discretion, hear the parties. The Director may then either grant or deny such application. If an application for reconsideration is gr…

§16112. Issuance of Written Accusation. In case of failure to eliminate an unlawful employment practice or discrimination, by conference, conciliation and persuasion or in advance thereof if in the judgment of the investigating officer circumstances warrant, the investigating off…

§16113. Answer: Filing Deadline. Within fifteen (15) days from the date of service of the accusation the respondent may file a written answer thereto. An original and two (2) copies shall be filed with the Department and a copy shall be immediately transmitted to the complainant.

§16114. Same: Content. The answer shall specifically admit, deny or explain each of the facts alleged in the complaint unless the respondent is without knowledge, in which case he shall so state, such statement operating as a denial. Failure to deny or admit any allegation in the…

§16115. Same: Extension of Filing Deadline. Upon application, the hearings officer may for good cause shown extend the time within which the answer may be filed.

§16116. Same: Amendments. (a) The answer or any part thereof may be amended by a respondent at any time prior to hearing, and thereafter at the discretion of the hearings officer. An original and two (2) copies of the amended answer shall be filed with the Department. (b) In any …

§16117. Hearing. A hearing for the purpose of taking evidence upon a complaint shall be conducted by a hearings officer. The hearings officer shall inquire fully into the facts as to whether the respondent has engaged or is engaging in an unlawful labor practice or discrimination…