Terms Used In 4 Guam Code Ann. § 10112

  • Contract: A legal written agreement that becomes binding when signed.
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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4 Guam Code Ann. PUBLIC OFFICERS & EMPLOYEES
CH. 10 PUBLIC EMPLOYEE-MANAGEMENT RELATIONS ACT

(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.