Guam § 5314 - Proceedings Arising Under Employment Relations Act; Court

§ 5314. Proceedings Arising Under Employment Relations Act; Court

Jurisdiction Over.

(a) When granting appropriate temporary relief or a restraining order, or

making and entering a decree enforcing, modifying, and enforcing as so

modified, or setting aside in whole or in part an order of the Guam

Employment Relations Board, as provided in this section, the jurisdiction of

courts sitting in equity shall not be limited by this Chapter.

(b) The Guam Employment Relations Board shall have power, upon the

filing of a complaint to petition any court of the territory for appropriate

temporary relief or restraining order. Upon the filing of any such petition the

court shall cause notice thereof to be served upon such person, and

thereupon shall have jurisdiction to grant to the Guam Employment

Relations Board such temporary relief or restraining order as it deems just

and proper.

(c) Whenever it is charged that any person has engaged in an unfair

labor practice, the preliminary investigation of such charge shall be made

forthwith and given priority over all other cases except cases of like

character in the office where it is filed or to which it is referred. If, after such

investigation, the Guam Employment Relations Board has reasonable cause

to belief such charge is true, it shall petition any court of the territory, for

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appropriate injunctive relief pending the final adjudication of the Guam

Employment Relations Board with respect to such matter. Upon the filing of

any such petition, the court shall have jurisdiction to grant such injunctive

relief or temporary restraining order as it deems just and proper,

notwithstanding any other provision of law; provided further, that no

temporary restraining order shall be issued without notice unless a petition

alleges that substantial and irreparable injury to the charging party will be

unavoidable and such temporary restraining order shall be effective for no

longer than five (5) days and will become void at the expiration of such

period. Upon filing of any such petition, the courts shall cause notice thereof

to be served upon any person involved in the charge and such person,

including the charging party, shall be given an opportunity to appear by

counsel and present any relevant testimony. The service of legal process

upon such officer or agent shall constitute service upon the labor

organization and make such organization a party to the suit.