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Terms Used In 4 Guam Code Ann. § 10113

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
An employee organization which has been recognized as exclusive representative of an appropriate public employee unit, under provisions of this Chapter, shall be responsible for representing the interests of all employees in the unit without discrimination and without regard to organization membership, and shall be entitled to:

(a) request conferences with government management officials concerning personnel policies and practices affecting working conditions of employees in the unit; and

(b) negotiate written agreements with appropriate government officials reflecting bilateral determination of specific terms and conditions of employment, subject to paramount law and regulations; and

(c) represent individual employees in grievance or appellate administrative procedures, with the consent of the employee involved, and to be represented and heard at any conference with an employee or his personal representative on grievances or other matters affecting employment conditions in the unit; and

(d) retain exclusive representation status as long as qualified under criteria of this Chapter, and for a period of not less than twelve (12) months from date of initial

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4 Guam Code Ann. PUBLIC OFFICERS & EMPLOYEES
CH. 10 PUBLIC EMPLOYEE-MANAGEMENT RELATIONS ACT

recognition without challenge by another employee organization; and

(e) receive payroll deductions for membership dues voluntarily allotted by public employee members, but not including initiation fees, special assessments, back dues, fines and similar charges against such employee members, subject to recovery of reasonable costs by the Government from the employee organization for providing such service.

SOURCE: GC § 4412.

COURT DECISIONS: Contracts negotiated under this Chapter are subject to the doctrine of Asovereign immunity@ and are subject to the Government Claims Act. Alexander v. Bordallo, D.C. Guam App. Div.
1979, 2 Guam R. 173.