Title 22 — Business Regulation

(a) Except as provided in Subsection (b) of this Section, it shall be an unlawful employment practice for any employer, as defined in § 3603(b), to refuse to grant a request by any employee with more than twelve (12) months of service with the employer, and who has at least one t…

For the purposes of this Article: (a) “Child” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. Except when leave is taken for the purposes of § 3603(c)(4), a child shall be either of the following: (1) unde…

(a) An employer shall not be required to pay an employee for any leave taken pursuant to § 3602(a), except as required by Subsection (b) of this Section. (b) An employee taking leave permitted by § 3602(a) may elect, or an employer may require the employee, to substitute, for lea…

(a) During any period that an eligible employee takes leave pursuant to § 3602(a) or takes leave that qualifies as leave under the FMLA, the employer shall maintain and pay for coverage under a “group health plan,” as defined in Section 5000(b)(1) of the Internal Revenue Code, fo…

(a) An employer may require that an employee’s request for leave to care for a child, a spouse, or a parent, who has a serious health condition be supported by a certification issued by the health care provider of the individual requiring care. That certification shall be suffici…

(a) An employer may require that an employee’s request for leave because of the employee’s own serious health condition be supported by a certification issued by his or her health care provider. That certification shall be sufficient if it includes all of the following: (1) The d…

(a) It shall be an unlawful employment practice for an employer to refuse to hire, or to terminate, discharge, fine, suspend, expel, or discriminate against, any individual because of any of the following: (1) An individual’s exercise of the right to family care and medical leave…

(a) Notwithstanding § 3602(a), an employer may refuse to reinstate an employee returning from leave to the same or a comparable position if all of the following apply: COL08222024 (1) The employee is a salaried employee who is among the highest paid ten percent (10%) of the emplo…

An employee is entitled to bereavement leave under § 3603(c)(4) for each family member; provided, that: (a) within any twelve (12) month period, all bereavement leave taken shall not exceed fourteen (14) calendar days; (b) each period of bereavement leave taken shall end no later…

An employer may require that a request for leave under § 3603(c)(4) of this Article be supported by a death certificate or obituary. SOURCE: Added by P.L. 34-040:6 (Aug. 7, 2017). ARTICLE 7 LEAVE FOR CHILD SCHOOL-RELATED PURPOSES

This Article may be cited as the Child School-Related Leave Act. SOURCE: Added by P.L. 33-170:2 (June 30, 2016).

(a) For purposes of this Article, the following terms have the following meanings: (1) Parent means a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child. (2) Child (plural: children) shall have the same definition a…

(a) [No text] (1) An employer shall not discharge or in any way discriminate against an employee who is a parent of one (1) or more children of the age to attend pre-school, kindergarten, or grades one (1) to twelve (12), inclusive, for taking off up to forty (40) hours each year…

(a) Employee means any individual employed by an employer. (b) Employer means either of the following: (1) any person (including any individual, association, partnership, corporation, company, entity, or organized group of persons acting directly or indirectly in the interest of …

Childbirth. (a) It shall be unlawful for any employer to not make reasonable accommodations to the known limitations related to the pregnancy or childbirth of an employee, unless such employer can demonstrate that the accommodation would impose an undue hardship on the operation …

The Fair Employment Practice Division shall have all necessary enforcement and investigative powers to enforce the provisions of this Act, and the Director of the Department of Labor shall establish due process policies and be the Hearing Officer in any appeals relative to the en…

(a) A person claiming to be aggrieved by a violation of this Act may file an administrative complaint with the Guam Department of Labor (Department), in accordance with rules and regulations promulgated by the Department. (b) Any administrative complaint made under the provisions…

(a) Any person alleging a violation of this Act may bring a civil action in the Superior Court for such legal or equitable relief as will effectuate the purpose of this Act. (b) In any action brought to enforce this Act, the court shall have jurisdiction to grant such legal or eq…

The Guam Department of Labor shall promulgate rules and regulations in accordance with outlining the procedures by which it will accept, investigate, and adjudicate complaints of “Pregnant Workers Fairness Act” violations, and the enforcement of the provisions of this Act. All ru…

(a) I Liheslaturan Guåhan finds that workers must be protected without regard to whether they are unionized. The right to work is an inherent right of an individual and is an integral part of the right to live. (b) The policy of Guam, in the exercise of its sovereign police power…

It is hereby declared to be the public policy of Guam that the right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization.

It shall be unlawful for any employer: 1) to require any employee, as a condition of employment, or of continuance of employment, to be or become or remain a member of affiliate of any labor organization or agency; COL120106 (2) to require any employee, as a condition of employme…

A contract is void if it requires, that to work for an employer, employees or applicants for employment: (1) must be, or may not be, members of a labor union; or (2) must remain, or may not remain, members of a labor union. ' 4105. Unlawful Agreements. Any agreement or combinatio…

[Repealed, reserved, or text not separately stated.]

A labor union; labor organizer; or an officer, member, agent, or representative of a labor union may not collect, receive or demand, directly or indirectly, a fee as a work permit or as a condition for the privilege to work from a person who is not a member of the union.

Nothing in this Chapter shall preclude any employer from deducting from the wages of the employees and paying over to any labor organization, or its authorized representative, membership dues in a labor organization; provided, that the employer has received from each employee who…

It shall be unlawful for any person, acting alone or in concert with one (1) or more persons: (1) to interfere, or attempt to interfere, by force, intimidation, violence or threats thereof, with any person in the exercise of their right: to work; to pursue or engage in, any lawfu…

Provisions. It shall be unlawful for any labor organization to enter into or seek to effect any agreement, contract or arrangement with any employer declared to be unlawful by this Act.

Any employer, labor organization or other person whomsoever who shall violate any provision of this Chapter shall be guilty of a misdemeanor; and upon conviction thereof in any Court of competent jurisdiction, shall be punished by imprisonment for not less than ten (10), nor more…

Any person whose rights are adversely affected by any contract, agreement, assemblage or other act or thing done or threatened to be done and declared to be unlawful, or prohibited by this Chapter, shall have the right to apply to any Court having general equity jurisdiction for …

The provisions of this Act shall not apply to any contract, otherwise lawful, in force and effect on the effective date of this Act, but they shall apply to all contracts thereafter concluded and to any renewal or extension of existing contracts.

The provisions of this Act shall not be construed to conflict with provisions of the Guam Employment Relations Act, Chapter 5 of Division 1 of Title 22 of the Guam Code Annotated.

If any provision of this Act or the application of any such provision to any person or circumstance should be held invalid by a Court of competent jurisdiction, the remainder of this Act or the application of its provisions to persons or circumstances other than those to which it…

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…