Title 4 — Public Officers and Employees

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, signed by President Kennedy. Obvious references to various federal agencies…

The Legislature of Guam declares that it is the policy and purpose of this Chapter, in the public interest, to promote orderly COL1172018 and constructive relationships between Government and its public employees by providing an opportunity for effective participation by employee…

[Repealed.] SOURCE: GC § 4402. Repealed by P.L. 34-123:3 (Sept. 9, 2018).

As used in this Chapter: (a) Government means the Executive Branch of the government of Guam, including any political or organiza- tional subdivision thereof, and any corporation, association or authority wholly owned by the government of Guam. COL1172018 (b) Department means the…

Public employees shall have the right to form, join, assist and participate in the management of employee organizations or their own choice and to act as organization representative or to refrain from any such activity, without interference, restraint, coercion or discrimination …

(a) Public employees shall have the right to be represented by employee organizations when exclusive recognition has been granted to such organizations for purposes of consultations and negotiations with government management officials concerning terms and conditions of their emp…

As a prerequisite for securing and retaining exclusive recognition under the provisions of this Chapter, an employee organization must subscribe to the following standards either by adoption by the organization itself or by the national, inter- national or federation of organizat…

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 departmental, functional, craft, or other basis, which will assure a cl…

Government management officials shall recognize a qualified employee organization as the exclusive representative of public employees in an appropriate employee unit when determination is made that the organization has a membership of not less than ten percent (10%) of the total …

Procedures for the settlement of disputes between management officials and employee organizations or among employee organizations, concerning the appropriateness of employee units for exclusive recognition purposes or concerning the right of an employee organization to receive ex…

The provisions of this Section apply to all government of Guam management officials and to all employee organizations accorded exclusive recognition to represent public employees under this Chapter. (a) Management officials are prohibited from: (1) restraining, coercing or interf…

Government management officials shall retain the right and responsibility, in accordance with applicable law and regulations to: (a) maintain efficient government operations and direct public employees; (b) hire, promote, transfer and assign employees to government positions; (c)…

An employee organization which has been recognized as exclusive representative of an appropriate public employee unit, under provisions of this Chapter, shall be responsible for representing the interests of all employees in the unit without discrimination and without regard to o…

Agreements negotiated under the terms of this Chapter between management officials and employee organizations which have been granted exclusive recognition in appropriate public employee units may contain procedures for consideration, and final settlement of grievances, including…

A comprehensive employee-management relations program, consistent with the policies in this Chapter, shall be under the direction and control of the Governor of Guam in accordance with the powers and duties vested in him by the Organic Act of Guam and the Guam Code Annotated and …

(a) Effective no later than six (6) months following approval of this Chapter, the Director, Department of Administration, shall issue appropriate policies, rules and regulations, with the approval of the Governor of Guam, for the implementation of this Chapter, including: (1) pr…

Solicitation of memberships, collection of membership dues or other internal organization business may be conducted only during nonduty hours of the employees involved. This does not COL1172018 preclude reasonable government services to employee organi- zations, such as provision…

Notwithstanding § 10108 of this Chapter, a new bargaining unit to be known as “Special Bargaining Unit” is established within the Guam Community College created by Division 4 of 17 GCA. The bargaining unit shall include those positions transferred to the Community College as a re…

Except as provided for in § 10120, every position within the Special Bargaining Unit shall continue to be subject to such collective bargaining agreement as it was subject to prior to the transfer date mentioned in § 10118. Such collective bargaining agreements shall be applicabl…

No sooner than thirty (30) days from the transfer date mentioned in § 10118 of this Chapter, the incumbents of the positions within the Special Bargaining Unit may, if a majority of their number so desire, elect to be covered by one of the collective bargaining agreements effecti…

Prior to the expiration of one hundred and eighty (180) days after the transfer date mentioned in § 10118 of this Chapter, government management officials shall entertain requests from qualified employee organizations pursuant to § 10108 of this Chapter and shall make determinati…

Negotiations between the College and an exclusive bargaining agent or exclusive bargaining agents recognized for any unit or units within the College may commence upon the determination of such exclusive recognition, provided that no agreement negotiated may be effective until th…