Guam § 5105 - Unfair Labor Practices of Employers.

§ 5105. Unfair Labor Practices of Employers.

It shall be an unfair labor practice for an employer individually or in

concert with others:

(a) To interfere with, restrain or coerce his employees in the

exercise of the rights guaranteed in § 5102;

(b) To initiate, create, dominate or interfere with the formation or

administration of any labor organization or contribute financial support

to it, but an employer shall not be prohibited from reimbursing

employees at their prevailing wage rate for time spent conferring with

him, nor from cooperating with representatives of at least a majority of

his employees in a collective bargaining unit, at their request, by

permitting employee organizational activities on employer premises or

the use of employer facilities where such activities or use create no

additional expense to the employer;

(c) To encourage or discourage membership in any labor

organization by discrimination in regard to hiring, tenure or other terms

or conditions of employment. An employer, however, may enter into an

all-union agreement with the bargaining representatives of his

employees in a collective bargaining unit, unless the Board has certified

that at least a majority of such employees have voted to rescind the

authority of their bargaining representative to negotiate such all-union

agreement within one (1) year preceding the date of such agreement.

No employer shall justify any discrimination against any employee for

non-membership in a labor organization if he has reasonable grounds

for believing that:

(1) such membership was not available to the employee on

the same terms and conditions generally applicable to other

members;

(2) or that membership was denied or terminated for reasons

other than the failure of the employee to tender periodic dues and

the initiation fees uniformly required as a condition for acquiring

or retaining membership.

(d) To refuse to bargain collectively with the representative of a

majority of his employees in any collective bargaining unit. If an

COL1242015

employer files with the Board a petition requesting a determination as

to majority representation, he shall not be deemed to have refused to

bargain until an election has been held and the result thereof has been

certified to him by the Board;

(e) To bargain collectively with the representatives of less that a

majority of his employees in a collective bargaining unit, or to enter

into an all-union agreement except in the manner provided in paragraph

(b) of this section;

(f) To violate the terms of a collective bargaining agreement;

(g) To refuse or fail to recognize or accept as conclusive of any

issue in any controversy as to employment relations, the final

determination of the Board or of any tribunal of competent jurisdiction;

(h) To discharge or otherwise discriminate against an employee

because he has filed charges or given information or testimony under

the provisions of this Chapter;

(i) To deduct labor organization dues or assessments from an

employee's earnings, unless the employer has been presented with an

individual order therefor, signed by the employee personally;

(j) To employ any person to spy upon employees or their

representatives respecting their exercise of any right created or

approved by this Chapter;

(k) To make, circulate or cause to be circulated a black list.