Title 22 — Business Regulation

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 emplo…

Employees shall have the right of self-organization and the right to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mu…

(a) Representatives chosen for the purposes of collective bargaining by a majority of the employees voting in a collective bargaining unit shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining. Any individual employee o…

There is within the government of Guam the Guam Employment Relations Board, composed of five members, consisting of the Director of the Department of Labor, ex officio, two (2) members appointed by the Governor with the advice and consent of the Legislature who shall be represent…

It shall be an unfair labor practice for an employer individually or in concert with others: (a) To interfere with, restrain or coerce his employees in the exercise of the rights guaranteed in § 5102; (b) To initiate, create, dominate or interfere with the formation or administra…

It shall be an unfair labor practice for an employee individually or in concert with others: (a) To coerce or intimidate an employee in the enjoyment of his legal rights, including those guaranteed in § 5102; (b) To coerce, intimidate or induce any employer to interfere with any …

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: …

(a) Any controversy concerning unfair labor practices may be submitted to the Board in the manner and with the effect provided 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 …

Every person acting as the representative of employees for collective bargaining shall keep an adequate record of his financial transactions, and shall present annually, to such employees as may be members of the association with which such representative is connected, within six…

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 Adjudication Act. SOURCE: GC § 56008.

The complaints, orders and testimony relating to a proceeding instituted by the Board under § 5108 shall be public records and be available for inspection or copying. All proceedings pursuant to § 5108 shall be open to the public. SOURCE: GC § 56009.

The Board shall maintain a list of labor organizations. To be recognized as such and to be included in the list, an organization 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 its …

Any person who intentionally assaults, resists, prevents, impedes or interferes with any member of the Board or any of its 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.

Except as specifically provided in this Chapter, nothing herein shall be construed so as to interfere with or impede or diminish in any way the right COL1242015 to strike or the right of individuals to work, nor shall anything in this Chapter be so construed as to invade unlawful…

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 provisions of this Chapter cannot be validly enforced, the provisions of such other laws …

The Board shall cooperate with the National Labor Relations Board and its agents and representatives. SOURCE: GC § 56010.4.

(a) Legislative Findings. I Liheslaturan Guåhan finds 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 Guå…

It shall be an unlawful employment practice or unlawful discrimination: (a) For any employer to refuse to hire or employ or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of emplo…

As used in this Chapter: COL1242015 (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 substantially lim…

Unlawful; Offenses Defined. It shall be an unlawful employment practice or unlawful discrimination: (a) For an employer to refuse to hire or employ or promote or to bar or discharge from employment, any qualified individual because of his disability or use of adaptive devices pro…

(a) An employer shall accommodate a known disability of an employee or applicant for employment unless the employer demonstrates that the accommodations would impose an undue hardship in the conduct or business. (b) This Chapter shall not apply to the employment of any individual…

Unlawful Discrimination. The Department of Labor, hereinafter referred to as "Department" shall have jurisdiction over the subject of employment practices and discrimination over the subject of employment practices and discrimination made unlawful by this Chapter. When it shall a…

An person claiming to be aggrieved by an alleged unlawful employment practice or discrimination, may file with the Department a verified complaint in writing which shall state the name and address of the person, employer, labor organization or employment agency alleged to have co…

After the filing of any accusation, an investigation shall be made and an attempt to eliminate such practice or discrimination shall be made, unless such attempt has previously been made. In case of failure to eliminate such practice or discrimination, or in advance thereof, if i…

Hearings held under the provisions of this Chapter shall be conducted in accordance with the Administrative Adjudication Law. SOURCE: GC § 56024.

Show Rights of Appeal. If the Department finds that a respondent has engaged in any unlawful employment practice or discrimination as defined in this Chapter, the Department shall state its findings of fact and shall issue and cause to be served on such respondent an order requir…

The Department shall make such rules and regulations, not inconsistent with this Chapter, as in the judgment of the Department seem appropriate for the carrying out of the provision of this Chapter and for the efficient administration thereof, such rules to be issued and promulga…

Nothing contained in this Chapter shall be construed to conflict with the laws relating to child labor, not to prohibit the establishment and maintenance of bona fide occupational qualifications, nor to prevent the termination or change of the employment of any person who is unab…

COL1242015 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 any manner intentionally violate an order of the Department, shall be gui…

No court of the Territory of Guam shall have jurisdiction to issue any restraining order or temporary or permanent injunction in a case involving or growing out of a labor dispute, except in strict conformity with the provisions of this Chapter; nor shall any such restraining ord…

COL1242015 In the interpretation of this Chapter and in determining the jurisdiction and authority of the courts of the territory, as such jurisdiction and authority are defined and limited in this Chapter, the public policy of the territory is declared as follows: Under prevaili…

Any undertaking or promise, such as is described in this section, or any other undertaking or promise in conflict with the public policy declared in § 5302, is declared to be contrary to the public policy of the territory, shall not be enforceable in any court of the territory an…

No court of the territory shall have jurisdiction to issue any restraining order or temporary or permanent injunction in any case involving or growing out of any labor dispute to prohibit any person or persons participating or interested in such dispute (as these terms are herein…

No court of the territory shall have jurisdiction to issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a labor dispute constitute or are engaged in an unlawful combination or conspiracy because of…

No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute, shall be held responsible or liable in any court of the territory for the unlawful acts of individual officers, members, or agents except up…

No court of the territory shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, as defined in this Chapter, except after hearing the testimony of witnesses in open court (with opportunity for cross-examinatio…

Settle. No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation 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 either by…

No restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except on the basis of findings of fact made and filed by the court in the record of the case prior to the issuance of such restraining order or injun…

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 the proceedings and on his filing the usual bond for costs, forthwith certify as in ordinary c…

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 contempt commit…

The defendant in any proceeding for contempt of court 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 character or conduct of such judge and if the attack occurred elsewhere than in the pre…

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 the same industry, trade, craft, or occupation; or have direct or indirect interests therein; o…

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 order of the Guam Employment Relations Board, as provided in this …

It shall be unlawful for any person: (a) To recruit, procure, supply, or refer any person for employment in place of an employee involved in a labor dispute in which such person recruiting, procuring, supplying or referring is not directly interested. (b) When involved in a labor…

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 for whom he is acting at any shop, plant or establishment, while a strike, lockout, or other labor disp…

Any person, or agent or officer thereof, who violates any of the provisions of this Chapter is guilty of a misdemeanor. COL1242015 SOURCE: GC § 56052. Amended by P.L. 13-187:253. ---------- COL1242015 COL1242015