(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 employer, but shall not include the government of Guam, or any labor organization or anyone acting in behalf of such organization other than when it is acting as an employer in fact.

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(c) Employee includes any person, other than an independent contractor, working for another, for hire, in the territory, and shall not be limited to the employees of a particular employer unless the context clearly indicates otherwise; and includes any individual whose work has ceased solely as a consequence of or in connection with any current labor dispute, or because of any unfair labor practice on the part of an employer and (1) who has not refused or failed to return to work upon the final disposition of a labor dispute or a charge of an unfair labor practice by a tribunal having competent jurisdiction of the same or whose jurisdiction was accepted by the employee or his representative, (2) who has not been found to be committing or a party to any unfair labor practice hereunder, (3) who has not obtained regular and substantially equivalent employment elsewhere, or (4) who has not been absent from his employment for a substantial period of time during which reasonable expectancy of settlement has ceased (except by an employer’s unlawful refusal to bargain) and whose place has been filled by another engaged in the regular manner for an indefinite or protracted period and not merely for the duration of a strike or lockout; but shall not include any individual employed in the domestic service of a family or person at his home or any individual employed by his parent or spouse, or any person employed in an executive or supervisory capacity, or any individual employed by any employer employing less than two individuals, or any individual subject to the jurisdiction of the National Labor Relations Act, as amended from time to time; provided, that the term employee includes any individual subject to the jurisdiction of the National Labor Relations Act, as amended from time to time, but over whom the National Labor Relations Board has declined to exercise jurisdiction or has indicated by its decisions and policies that it will not assume jurisdiction.

(d) Representative includes any person chosen by an employee to represent him.

(e) Collective bargaining is the negotiating of an employer and a majority of his employees in a collective bargaining unit (or their representatives) concerning representation of terms and conditions of employment of such employees in a mutually genuine effort tot reach an agreement with reference to the subject under negotiation.

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(f) Collective bargaining unit means all of the employees of one employer (employed within the territory), except that where a majority of such employees engaged in a single craft, division, department or plant have voted by secret ballot to constitute such group a separate bargaining unit, they shall be so considered. Two or more collective bargaining units may bargain collectively through the same representative where a majority of the employees in each separate unit have voted by secret ballot so to do.

(g) Unfair labor practice means any unfair labor practice as defined in §§ 5105 and 5106.

(h) Labor dispute means any controversy between an employer and any of his employees having the formal approval of the majority of his employees in a collective bargaining unit concerning the right or process of details of collective bargaining or the designation of representatives. Any organization with which either the employer or such majority is affiliated may be considered a party to the labor dispute.

(i) All union agreement means an agreement between an employer and the representative of his employees in a collective bargaining unit whereby all of the employees in such unit are required to be members of a single labor organization.

(j) Board means the Guam Employment Relations Board, provided for by § 5104.

(k) Election means a proceeding in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives or for any other purpose specified in this Chapter and shall include elections conducted by the Board, or, unless the context clearly indicates otherwise, by any tribunal having competent jurisdiction or whose jurisdiction was accepted by the parties.

(l) Secondary boycott includes combining or conspiring to cause or threaten to cause injury to one (1) with whom no labor dispute exists, whether by (1) withholding patronage, labor or other beneficial business intercourse, (2) picketing, (3) refusing to handle, install, use or work on particular materials, equipment or supplies, or (4) by any other unlawful means, in order to bring him against his will into a concerted plan to coerce or inflict damage upon another.

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(m) Person employed in an executive or supervisory capacity means any employee who has the authority to hire or fire other employees whose suggestions and recommendations as to hiring or firing and as to the advancement, promotion or demotion of other employees will be given particular weight.

SOURCE: GC § 56000.