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Terms Used In 22 Guam Code Ann. § 5105

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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 administration of any labor organization or contribute financial support to it, but an employer shall not be prohibited from reimbursing employees at their prevailing wage rate for time spent conferring with him, nor from cooperating with representatives of at least a majority of his employees in a collective bargaining unit, at their request, by permitting employee organizational activities on employer premises or the use of employer facilities where such activities or use create no additional expense to the employer;

(c) To encourage or discourage membership in any labor organization by discrimination in regard to hiring, tenure or other terms or conditions of employment. An employer, however, may enter into an all-union agreement with the bargaining representatives of his employees in a collective bargaining unit, unless the Board has certified that at least a majority of such employees have voted to rescind the authority of their bargaining representative to negotiate such all-union agreement within one (1) year preceding the date of such agreement. No employer shall justify any discrimination against any employee for non-membership in a labor organization if he has reasonable grounds for believing that:

(1) such membership was not available to the employee on the same terms and conditions generally applicable to other members;

(2) or that membership was denied or terminated for reasons other than the failure of the employee to tender periodic dues and the initiation fees uniformly required as a condition for acquiring or retaining membership.

(d) To refuse to bargain collectively with the representative of a majority of his employees in any collective bargaining unit. If an

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22 Guam Code Ann. BUSINESS REGULATIONS
CH. 5 GUAM EMPLOYMENT RELATIONS ACT

employer files with the Board a petition requesting a determination as to majority representation, he shall not be deemed to have refused to bargain until an election has been held and the result thereof has been certified to him by the Board;

(e) To bargain collectively with the representatives of less that a majority of his employees in a collective bargaining unit, or to enter into an all-union agreement except in the manner provided in paragraph (b) of this section;

(f) To violate the terms of a collective bargaining agreement;

(g) To refuse or fail to recognize or accept as conclusive of any issue in any controversy as to employment relations, the final determination of the Board or of any tribunal of competent jurisdiction;

(h) To discharge or otherwise discriminate against an employee because he has filed charges or given information or testimony under the provisions of this Chapter;

(i) To deduct labor organization dues or assessments from an employee’s earnings, unless the employer has been presented with an individual order therefor, signed by the employee personally;

(j) To employ any person to spy upon employees or their representatives respecting their exercise of any right created or approved by this Chapter;

(k) To make, circulate or cause to be circulated a black list.

SOURCE: GC § 56003.