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Terms Used In 22 Guam Code Ann. § 5314

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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 section, the jurisdiction of courts sitting in equity shall not be limited by this Chapter.

(b) The Guam Employment Relations Board shall have power, upon the filing of a complaint to petition any court of the territory for appropriate temporary relief or restraining order. Upon the filing of any such petition the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction to grant to the Guam Employment Relations Board such temporary relief or restraining order as it deems just and proper.

(c) Whenever it is charged that any person has engaged in an unfair labor practice, the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred. If, after such investigation, the Guam Employment Relations Board has reasonable cause to belief such charge is true, it shall petition any court of the territory, for

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

appropriate injunctive relief pending the final adjudication of the Guam Employment Relations Board with respect to such matter. Upon the filing of any such petition, the court shall have jurisdiction to grant such injunctive relief or temporary restraining order as it deems just and proper, notwithstanding any other provision of law; provided further, that no temporary restraining order shall be issued without notice unless a petition alleges that substantial and irreparable injury to the charging party will be unavoidable and such temporary restraining order shall be effective for no longer than five (5) days and will become void at the expiration of such period. Upon filing of any such petition, the courts shall cause notice thereof to be served upon any person involved in the charge and such person, including the charging party, shall be given an opportunity to appear by counsel and present any relevant testimony. The service of legal process upon such officer or agent shall constitute service upon the labor organization and make such organization a party to the suit.

SOURCE: GC § 56043.

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ARTICLE 4
STRIKEBREAKERS

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