22 Guam Code Ann. § 5108
Terms Used In 22 Guam Code Ann. § 5108
- Allegation: something that someone says happened.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- 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.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Any party in interest may file with the Board a written complaint, or a form provided by the Board, charging any person with having engaged in any specific unfair labor practice. The Board shall serve a copy of the complaint upon the person charged, hereinafter referred to as the respondent. If the Board has reasonable cause to believe that the respondent is a member of or represented by a labor union, then service upon an officer of such union shall be deemed to be service upon the respondent. Service may be by delivery to the person or by mail or by telegram. Any other person claiming interest in the dispute or controversy, as an employer, an employee or their representative, shall be made a party upon proof of such interest. The Board may bring in additional parties by service of a copy of the complaint. Only one complaint shall issue against a person with respect to a single controversy, but any complaint may be amended in the discretion of the Board at any time prior to the issuance of a final order based thereon. The respondent may file an answer to the original or amended complaint but the Board may find to be true any allegation in the complaint in the event either no answer is filed or the answer neither specifically denies nor explains such allegation, nor states that the respondent is without knowledge concerning such allegation. The respondent shall have the right to appear in person or otherwise give testimony at the place and time fixed in the notice of hearing. The hearing on the complaint shall be before either the Board or a hearing officer of the Board, as the Board may determine.
The Board shall fix a time for the hearing on such complaint, which shall be not less than ten (10) nor more than forty (40) days after the filing of such complaint or amendment thereof, and notice shall be given to each party by service on him personally or by mailing a copy thereof to him at his last known post office address at least ten (10) days before such hearing. In case a party in interest is located without Guam and has no known post office address within Guam, a copy of the complaint and copies of all notices shall be filed in the office of the Director of Administration and shall also be sent by registered mail to the last known post office address of such party. Such filing and mailing shall constitute sufficient service with the same force
COL1242015
22 Guam Code Ann. BUSINESS REGULATIONS
CH. 5 GUAM EMPLOYMENT RELATIONS ACT
and effect as if served upon a party located within Guam. Such hearing may be adjourned from time to time in the discretion of the Board and hearings may be held at such places as the Board shall designate.
In all proceedings under this Chapter before the Board, each member of the Board may issue subpoenas and administer oaths. Depositions may be taken in the manner prescribed by law. No person shall be excused from attending and testifying or from producing books, records, correspondences, documents or other evidence in obedience to such subpoena on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture under the laws of Guam, but such person shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may testify or produce evidence, documentary or otherwise, in such proceedings. Such person so testifying shall not be exempt, however, from prosecution and punishment for perjury committed in so testifying.
Any person who wilfully and unlawfully fails or neglects to appear or to testify or to produce books, papers and records as required shall upon application to an Superior Court judge, be ordered to appear before the Board, there to testify or produce evidence if so ordered, and failure to obey such order may be punished as a contempt of court.
Each witness who appears before the Board by subpoena shall receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited and paid by the government of Guam in the same manner as other expenses are audited and paid, upon the presentation of properly verified vouchers approved by the Board.
(c) A full and complete record shall be kept of all proceedings had before the Board and all testimony shall be taken down by a reporter engaged for such purpose or by use of a mechanical recording device. It shall not be necessary to transcribe the record unless requested for purposes of rehearing or court review. In such proceedings the Board shall not be bound by technical rules of evidence. No hearsay evidence, however, shall be admitted or considered.
(d) After the final hearing, the Board shall promptly make and file an order or decision, incorporating findings of fact upon all the issues involved in the controversy and the determination of the rights of the parties. Pending the final determination of such controversy the Board may, after hearing,
COL1242015
22 Guam Code Ann. BUSINESS REGULATIONS
CH. 5 GUAM EMPLOYMENT RELATIONS ACT
make interlocutory orders which may be enforced in the same manner as final orders. Final orders may dismiss the complaint or require the person complained of to cease and desist from the unfair labor practices found to have been committed, suspend his rights immunities, privileges or remedies granted or afforded by this Chapter for not more than one (1) year, and require him to take such affirmative action, including reinstatement of employees with or without pay, as the Board may deem proper. Any order may further require such person to make reports from time to time showing the extent to which he had complied with the order.
(e) If any person fails or neglects to obey an order of the Board while the same is in effect, the Board may petition a judge of the Superior Court for the enforcement of such order and for appropriate temporary relief of restraining order, and shall certify and file in court the record in the proceedings, including all documents and papers on file in the matter, the pleading and testimony upon which such order was entered, and the decision and order of the Board. Upon such filing the Board shall cause notice thereof to be served upon such person by mailing a copy to his last known post office address, and thereupon the judge shall have jurisdiction in the premises.
(f) Within fifteen (15) days from the date of the decision or order of the Board, any party aggrieved thereby may petition a judge of the Superior Court for review of the same, subject, however, to the general provisions of law for the calling in of another judge. Such petition shall state the grounds upon which a review is sought and copies thereof shall be served upon the other parties and the Board. Service may be made by mailing such copies to the last known post office address of the parties concerned. If the judge is satisfied that a party in interest has been prejudiced because of exceptional delay in the receipt of a copy of the decision or order, he may extend the time another fifteen (15) days in which such petition may be filed. The Board shall thereupon file in the court the record in the proceedings. The petition may thereupon be brought on for hearing before the judge upon such record by any party on ten (10) days’ written notice to the others. Upon such hearing, the judge may confirm, modify or set aside the decision or order of the Board and enter an appropriate decree . No objection that has not been urged before the Board shall be considered by the judge unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of fact made by the Board, if supported by credible, competent and substantial evidence in the record, shall be
COL1242015
22 Guam Code Ann. BUSINESS REGULATIONS
CH. 5 GUAM EMPLOYMENT RELATIONS ACT
conclusive. The judge may, in his discretion, grant leave to adduce additional evidence where such evidence appears to be material and reasonable cause is shown for failure to have adduced such evidence in the hearing before the Board
(g) In any proceedings for review of a decision or order of the Board, the judge shall disregard any irregularity or error unless it is made to appear affirmatively that the complaining party was prejudiced thereby.
(h) Commencement of proceedings under subsection (f) of this section shall not stay enforcement of the Board decisions or order; but the Board, or the reviewing court may order a stay upon such terms as it deems proper.
(i) Petitions filed under this section shall have preference over any civil cause of a different nature pending in the Superior Court, shall be heard expeditiously, and the Superior Court shall always be deemed open for the trial thereof.
(j) Any party may appeal from the decree of a Superior Court judge entered under the provisions of this Chapter to the District Court. Such appeal shall be taken and prosecuted in the same manner and form and with the same effect as is provided in other cases of appeal to the District Court from a decision, judgment, order or decree of a judge of the Superior Court.
(k) A substantial compliance with the procedure of this Chapter shall be sufficient to give effect to the decisions and orders of the Board, and they shall not be declared inoperative, illegal or void for any non-prejudiced irregularity in respect thereof.
(l) No complaints of any specific unfair labor practice shall be considered unless filed within ninety (90) days of its occurrence.
SOURCE: GC § 56006.