Guam § 5108 - Prevention of Unfair Labor Practices.

§ 5108. Prevention of Unfair Labor Practices.

(a) Any controversy concerning unfair labor practices may be submitted

to the Board in the manner and with the effect provided in this Chapter, but

nothing herein shall prevent the pursuit of relief in courts of competent

jurisdiction.

(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

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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,

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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

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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.