Terms Used In 4 Guam Code Ann. § 10116

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(a) Effective no later than six (6) months following approval of this Chapter, the Director, Department of Administration, shall issue appropriate policies, rules and regulations, with the approval of the Governor of Guam, for the implementation of this Chapter, including:

(1) procedures for the determination of appropriate public employee units and for the determination of exclusive recognition of employee organizations by current membership lists, by valid signed authorization cards, dues deductions authorizations, or secret ballot elections if necessary;

(2) procedures to resolve disputes concerning public employee units and exclusive recognition status of em- ployee organizations;

(3) procedures for the negotiation of written agree- ments between government officials and exclusive repre- sentatives of public employees, with clarification of subjects within the scope of negotiations, in whole or in part;

(4) methods of resolving impasses in negotiations, with consideration of mediation and advisory arbitration procedures;

COL1172018

4 Guam Code Ann. PUBLIC OFFICERS & EMPLOYEES
CH. 10 PUBLIC EMPLOYEE-MANAGEMENT RELATIONS ACT

(5) procedures for voluntary authorizations by public employees for payroll deductions of membership dues allotted to employee organizations which have been granted exclusive recognition in an appropriate unit;

(6) procedures for determination of the merits of allegations of unfair labor practices by employee organi- zations or management officials;

(7) delegations of authority to heads of departments and agencies to assist in carrying out the objectives of the Chapter;

(8) terms and conditions for securing advisory services of competent mediators, arbitrators or consultants for dispute settlement or other problem areas in employee- management relationships;

(9) provision for technical advice to departments and agencies on implementation of the employee-management relations program.

(b) In the formulation of such policies, rules and regulations, the Director shall consult with and consider the view of identifiable interested employee organizations and shall conduct such other inquiries as may be appropriate to assure orderly and equitable procedures.

(c) The Director shall also develop programs for training of government management officials in their responsibilities for the employee-management relations objectives and shall provide for continuous study and review of the effectiveness of the comprehensive program and implementing procedures with a view toward making recommendations for improvement.

SOURCE: GC § 4415.

2018 NOTE: Subsection/subitem designations added/altered pursuant to the authority of 1 Guam Code Ann. § 1606.