GCA Title 4, Chapter 10
4 GCA PUBLIC OFFICERS & EMPLOYEES CH. 10 PUBLIC EMPLOYEE-MANAGEMENT RELATIONS ACT
CHAPTER 10
PUBLIC EMPLOYEE-MANAGEMENT RELATIONS ACT
- § 10101. Title.
- § 10102. Declaration of Policy.
- § 10103. Exclusions.
- § 10104. Definitions.
- § 10105. Right of Organization.
- § 10106. Right of Representation.
- § 10107. Qualifications of Employee Organizations.
- § 10108. Appropriate Employee Units.
- § 10109. Exclusive Recognition of Employee Organizations.
- § 10110. Settlement of Disputes.
- § 10111. Unfair Labor Practices.
- § 10112. Management Responsibilities.
- § 10113. Employee Organization Responsibilities.
- § 10114. Grievances.
- § 10115. Executive Branch Authority and Responsibility.
- § 10116. Department of Administration.
- § 10117. Services to Employee Organizations.
- § 10118. Special Bargaining Unit: Recognition of.
- § 10119. Same: Exclusive Bargaining Agent.
- § 10120. Same: Election of Agreement.
- § 10121. New Bargaining Units and Exclusive Recognition.
- § 10122. Same: Effective Date.
§ 10101. Title.
This Chapter may be cited as the Public EmployeeManagement Relations Act of Guam. SOURCE: GC § 4400. NOTE: This Chapter is a virtual copy of the first federal Executive Order authorizing federal unions, signed by President Kennedy. Obvious references to various federal agencies have been deleted and other local references added, but the substance is the same, as is most of the wording.
§ 10102. Declaration of Policy.
The Legislature of Guam declares that it is the policy and purpose of this Chapter, in the public interest, to promote orderly
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and constructive relationships between Government and its public employees by providing an opportunity for effective participation by employees in the formulation and implementation of policies and procedures affecting conditions of their employment, subject to paramount requirements of law for conducting efficient and uninterrupted operations of Government. Further, this policy shall be effected by: (a) assuring all public employees of the right to form, join and assist any employee organization or to refrain from such activity; (b) recognizing that legitimate employee organizations provide meaningful representation for public employees for purposes of consultation and negotiation with government management officials; (c) continuing the prohibition against strikes, acts, activities and conduct described in Chapter 9 of this Title; and (d) establishing implementing rules and procedures to faithfully reflect the intent and purpose of this Chapter, without modification or compromise of the merit system as the basic personnel policy of the government of Guam. SOURCE: GC § 4401. 2018 NOTE: Reference to ‘territory’ removed and/or altered to ‘Guam’ pursuant to 1 GCA § 420.
§ 10103. Exclusions.
[ Repealed.]
SOURCE: GC § 4402. Repealed by P.L. 34-123:3 (Sept. 9, 2018).
§ 10104. Definitions.
As used in this Chapter: (a) Government means the Executive Branch of the government of Guam, including any political or organizational subdivision thereof, and any corporation, association or authority wholly owned by the government of Guam.
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(b) Department means the Department of Administration. (c) Director means the Director, Department of Administration. (d) Employee organization means any lawful association, labor organization, federation, council or brotherhood or any trade, craft or industrial union, made up in whole or in part of employees of the government of Guam and having as a primary purpose the improvement of working conditions among government employees, but such term shall not include any organization: (1) which asserts the right to strike against the Government, or to assist, participate or conduct any such strike, or (2) which advocates the overthrow of the constitutional form of government in the United States or the government of Guam, or (3) which discriminates with regard to the terms or conditions of membership because of race, color creed or national origin. (e) Exclusive recognition means recognition of a qualified employee organization by the Government as the sole representative of an appropriate unit of public employees for purposes of consultation and negotiation with management officials. (f) Organization representative means any representative of an employee organization, whether an employee or nonemployee of the Government, who is designated to deal with government officials in behalf of the employee organization. (g) Public employees means any persons employed in graded and ungraded positions of the classified service of the Government. (h) Dispute means a disagreement between management officials and employee organizations concerning the
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appropriateness of a unit or the right of an employee organization to exclusive recognition. (i) Grievance means an employee’s expressed feeling of dissatisfaction with aspects of his working conditions and working relationships which are outside his control, including appeals from adverse disciplinary actions not covered by paramount law or regulations. SOURCE: GC § 4403.
§ 10105. Right of Organization.
Public employees shall have the right to form, join, assist and participate in the management of employee organizations or their own choice and to act as organization representative or to refrain from any such activity, without interference, restraint, coercion or discrimination and without fear of penalty or reprisal; provided that, employees shall not participate in the management of an organization or act as an organization representative, where such activity would result in a conflict of interest or otherwise be incompatible with law or with employee’s official duties. SOURCE: GC § 4404.
§ 10106. Right of Representation.
(a) Public employees shall have the right to be represented by employee organizations when exclusive recognition has been granted to such organizations for purposes of consultations and negotiations with government management officials concerning terms and conditions of their employment not otherwise fixed by law and in the settlement of grievances and disputes. (b) In the absence of exclusive recognition, management officials shall consult with otherwise qualified employee organizations when requested or on their own initiative, regarding the formulation and implementation of personnel policies and practices and matters affecting working conditions which are of concern to the organizations’s membership. SOURCE: GC § 4405. 2018 NOTE: Subsection designations added pursuant to the authority of 1 GCA § 1606.
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§ 10107. Qualifications of Employee Organizations.
As a prerequisite for securing and retaining exclusive recognition under the provisions of this Chapter, an employee organization must subscribe to the following standards either by adoption by the organization itself or by the national, international or federation of organizations with which it affiliates: (a) the exclusion from office in the organization of persons affiliated with Communist or other totalitarian movements; (b) the prohibition of business or financial interests on the part of organization officers and agents which conflict with their duty to the organization and its members; (c) the maintenance of fiscal integrity in the conduct of organization internal affairs; (d) the maintenance of democratic procedures and practices within the organization to provide fair and equal treatment of individual members. SOURCE: GC § 4406.
§ 10108. Appropriate Employee Units.
For purposes of exclusive recognition requested by qualified employees or organizations, appropriate units of employees shall be established by government management officials on any reasonable basis, such as departmental, functional, craft, or other basis, which will assure a clear and identifiable community of interest in employment conditions among the employees involved. No unit shall be established which includes both government managerial officers, supervisors or personnel workers in other than clerical positions, and nonsupervisory employees, nor shall a unit be established which includes both professional employees and non-professional employees unless a majority of such employees vote for inclusion in such unit. SOURCE: GC § 4407. Amended by P.L. 29-019:VI:74 (Sept. 29, 2007).
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§ 10109. Exclusive Recognition of Employee Organizations.
Government management officials shall recognize a qualified employee organization as the exclusive representative of public employees in an appropriate employee unit when determination is made that the organization has a membership of not less than ten percent (10%) of the total number of employees in the unit, and has been designated as their exclusive representative by a majority of the unit employees, except that such recognition shall not preclude: (a) any public employee, regardless of employee organization membership, from consulting with appropriate government officials on matters of personal concern to such employee or from choosing his own representative in a grievance or appellate procedure; and (b) consultations between government officials and other lawful special interest groups or associations on policies or matters of concern to public employee members of such groups, provided that, such consultations shall not result in actions inconsistent with the recognition of an exclusive representative in an employee unit or adverse to the interest of other employees in such units. SOURCE: GC § 4408.
§ 10110. Settlement of Disputes.
Procedures for the settlement of disputes between management officials and employee organizations or among employee organizations, concerning the appropriateness of employee units for exclusive recognition purposes or concerning the right of an employee organization to receive exclusive recognition, shall be issued by the Governor of Guam. Such procedures shall provide, as a final step in dispute settlements where necessary: (a) advisory arbitration by a qualified nongovernmental neutral party; and (b) acceptance or rejection of advisory arbitration decisions by the Governor or his designee; and
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(c) the cost of arbitration to be shared equally between the Government and the employee organizations involved. SOURCE: GC § 4409.
§ 10111. Unfair Labor Practices.
The provisions of this Section apply to all government of Guam management officials and to all employee organizations accorded exclusive recognition to represent public employees under this Chapter.
- (a) Management officials are prohibited from: (1) restraining, coercing or interfering with the exercise of the rights assured to public employees by the terms of this Chapter; (2) dominating, sponsoring, controlling or otherwise assisting employee organizations, except that routine services and facilities may be furnished impartially to such organizations consistent with other provisions of this Chapter; (3) discriminating against public employees in regard to hiring, tenure or any term or condition of employment to encourage or discourage membership in any employee organization; (4) disciplining or otherwise discriminating against any public employee for legitimate activities in representing an employee organization or participating in procedures implementing this Chapter; (5) refusing to grant exclusive recognition to a qualified employee organization for an appropriate public employee unit; (6) refusing to consult or negotiate with an employee organization accorded exclusive recognition on matters within the scope of this Chapter and implementing rules and regulations. (b) Employee organizations are prohibited from:
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(1) restraining, coercing or interfering with the exercise of the rights assured to public employees by the terms of this Chapter; (2) attempting to cause management official to coerce any public employee in the exercise of his rights under this Chapter; (3) disciplining or otherwise discriminating against any public employee member of the organization as reprisal for, or for the purpose of obstructing the discharge of the employee’s official duties in the government service; (4) engaging in or inducing public employees to engage in any strike, work stoppage, slowdown or picketing against the Government; (5) discriminating against any public employees as to terms and conditions of membership because of race, color, creed or national origin; (6) denying membership to any public employee in the exclusive recognition unit, except for failure to meet reasonable standards of the employee organization uniformly applied to all other members. SOURCE: GC § 4410.
§ 10112. Management Responsibilities .
Government management officials shall retain the right and responsibility, in accordance with applicable law and regulations to: (a) maintain efficient government operations and direct public employees; (b) hire, promote, transfer and assign employees to government positions; (c) suspend, demote, discharge or take other disciplinary action against employees for just cause;
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(d) to determine the methods, organization and assignment of personnel for the conduct of operations, including necessary actions in emergency situations. SOURCE: GC § 4411. COURT DECISIONS: 1. Section 11012 gives the government wide powers of supervision over the education system and its employees, which it cannot delegate away and make subject to the wishes of a teachers = union. 2. A contract provision which would continue it in perpetuity subject only to union members = approval of a new contract is an illegal delegation of power from the Board of Education to the teachers = union. People v. GFT, D.C.Guam App. Div. 1978, 2 Guam R. 203.