Guam § 5103 - Representatives and Elections.

§ 5103. Representatives and Elections.

(a) Representatives chosen for the purposes of collective bargaining by

a majority of the employees voting in a collective bargaining unit shall be the

exclusive representatives of all the employees in such unit for the purposes

of collective bargaining. Any individual employee or any minority group of

employees in any collective bargaining unit shall have the right at any time

to present grievances to their employer in person or through representatives

of their choosing.

(b) Whenever a question arises concerning the determination of a

collective bargaining unit as defined in § 5101, the Board, in order to assure

to employees the fullest freedom in exercising the rights guaranteed by this

Chapter, shall conduct an appropriate hearing upon due notice and it shall

decide in each case the unit appropriate for the purpose of collective

bargaining.

(c) Whenever a question arises concerning the representation of

employees in a collective bargaining unit, the Board shall determine the

representatives thereof by taking a secret ballot of employees and certifying

in writing the results thereof to the interested parties and to their employer.

There shall be included on any ballot for the election of representatives the

names of all persons submitted by an employer or group of employees

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participating in the election, except that the Board may in its discretion

exclude from the ballot one who, at the time of the election, stands deprived

of his rights under this Chapter by reason of a prior adjudication of his

having engaged in an unfair labor practice. The ballot shall be so prepared as

to permit of a vote against representation by any one named on the ballot.

The Board's certification of the results of any election shall be conclusive

unless an appeal is taken therefrom under the provision of this Chapter.

(d) Questions concerning the representation of employees may be raised

by petition of any employee, or group of employees, or his representative, or

labor organization acting in their behalf, or by petition of his employer in the

case of jurisdictional disputes or in any case after a union has requested

recognition. Where it appears by the petition that an emergency exists

requiring prompt action, the Board shall act upon the petition forthwith and

hold the election requested within such time as will meet the requirements of

the emergency presented. The fact that one election has been held shall not

prevent the holding of another election among the same group of employees,

if it appears to the Board that sufficient reason therefor exists. In any election

where the choices on the ballot do not receive a majority, a run-off shall be

conducted, the ballot providing for a selection between the two choices

receiving the largest and second largest number of valid votes cast in the

election.