\nGUAM<\/b><\/span>\n<\/p>\n <\/center> \nGuam Code Ann., Title 22, Div. 1, Ch. 4 (22 G.C.A. \u00a7\u00a7 4101 et seq.)<\/b>\n<\/p>\n <\/center> \nRight to Work\n<\/p>\n <\/center> \nThis entire Chapter was enacted by P.L. 25-125 (5\/15\/2000) <\/center><\/p>\n \n\u00a7\u00a7 4101. Legislative Findings. Policy.<\/b>\n<\/p>\n \n(a) I Liheslaturan Gu\u00e5\u00e5han finds that workers must be protected without regard to whether they are unionized. The right to work is an inherent right of an individual and is an integral part of the right to live.\n<\/p>\n \n \n\u00a7\u00a7 4102. Policy.<\/b>\n<\/p>\n \nIt is hereby declared to be the public policy of Guam that the right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization.\n<\/p>\n \n\u00a7\u00a7 4103. Unlawful Acts.<\/b>\n<\/p>\n \nIt shall be unlawful for any employer:\n<\/p>\n \n\t(1) to require any employee, as a condition of employment, or of continuance of employment, to be or become or remain a member of affiliate of any labor organization or agency; \n\u00a7\u00a7 4104. Void Contracts.<\/b>\n<\/p>\n \nA contract is void if it requires, that to work for an employer, employees or applicants for employment:\n<\/p>\n \n\t(1) must be, or may not be, members of a labor union; or \n\u00a7\u00a7 4105. Unlawful Agreements.<\/b>\n<\/p>\n \nAny agreement or combination between any employer and any labor organization whereby persons not members of such labor organization shall be denied the right to work for such employer, or whereby such membership is made a condition of employment, or of continuance of employment by such employer, or whereby any such union or organization acquires an employment monopoly in any enterprise, is hereby declared to be against public policy, unlawful and an illegal combination or conspiracy.\n<\/p>\n \n\u00a7\u00a7 4106. Fee for Work Prohibited.<\/b>\n<\/p>\n \nA labor union; labor organizer; or an officer, member, agent, or representative of a labor union may not collect, receive or demand, directly or indirectly, a fee as a work permit or as a condition for the privilege to work from a person who is not a member of the union.\n<\/p>\n \n\u00a7\u00a7 4107. Deductions from Wages.<\/b>\n<\/p>\n \nNothing in this Chapter shall preclude any employer from deducting from the wages of the employees and paying over to any labor organization, or its authorized representative, membership dues in a labor organization; provided, that the employer has received from each employee whose account such deductions are made, a written assignment which shall not be irrevocable for a period of more than one (1) year, or beyond the termination date of any applicable collective agreement or assignment, whichever occurs sooner.\n<\/p>\n \n\u00a7\u00a7 4108. Interference Unlawful.<\/b>\n<\/p>\n \nIt shall be unlawful for any person, acting alone or in concert with one (1) or more persons:\n<\/p>\n \n\t(1) to interfere, or attempt to interfere, by force, intimidation, violence or threats thereof, with any person in the exercise of their right: \n\t\tfree ingress to, and egress from, any place of employment; or \nNothing in this Section shall be construed so as to prohibit peaceful picketing permissible under the Labor Management Relations Act of 1947, as amended, the Organic Act, and the United States Constitution.\n<\/p>\n \n\u00a7\u00a7 4109. Labor Organization Contract Violating Right to Work Provisions.<\/b>\n<\/p>\n \nIt shall be unlawful for any labor organization to enter into or seek to effect any agreement, contract or arrangement with any employer declared to be unlawful by this Act.\n<\/p>\n \n\u00a7\u00a7 4110. Penalties.<\/b>\n<\/p>\n \nAny employer, labor organization or other person whomsoever who shall violate any provision of this Chapter shall be guilty of a misdemeanor; and upon conviction thereof in any Court of competent jurisdiction, shall be punished by imprisonment for not less than ten (10), nor more than thirty (30) days, or by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00), or by both, at the discretion of the Court.\n<\/p>\n \n\u00a7\u00a7 4111. Judicial Remedies.<\/b>\n<\/p>\n \nAny person whose rights are adversely affected by any contract, agreement, assemblage or other act or thing done or threatened to be done and declared to be unlawful, or prohibited by this Chapter, shall have the right to apply to any Court having general equity jurisdiction for appropriate relief. The court, in any such proceeding, may grant and issue such restraining, and other orders as may be appropriate, including an injunction restraining and enjoining the performance, continuance, maintenance or commission of any such contract, agreement, assemblage, act or thing, and may determine and award, as justice may require, any actual damages, costs and attorneys’ fees which have been sustained or incurred by any party to the action, and in the discretion of the Court, punitive damages in addition to the actual damages. The provisions of this Section are cumulative and are in addition to all other remedies now or hereafter provided by law.\n<\/p>\n \n\u00a7\u00a7 4112. Applicability of Right to Work Provisions.<\/b>\n<\/p>\n \nThe provisions of this Act shall not apply to any contract, otherwise lawful, in force and effect on the effective date of this Act, but they shall apply to all contracts thereafter concluded and to any renewal or extension of existing contracts.\n<\/p>\n \n\u00a7\u00a7 4113. Guam Employment Relations Act.<\/b>\n<\/p>\n \nThe provisions of this Act shall not be construed to conflict with provisions of the Guam Employment Relations Act, Chapter 5 of Division 1 of Title 22 of the Guam Code Annotated.\n<\/p>\n \n\u00a7\u00a7 4114. Severability.<\/b>\n<\/p>\n \nIf any provision of this Act or the application of any such provision to any person or circumstance should be held invalid by a Court of competent jurisdiction, the remainder of this Act or the application of its provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby.<\/p>\n","protected":false},"excerpt":{"rendered":" \nGUAM<\/b><\/span>\n<\/p>\n <\/center> \nGuam Code Ann., Title 22, Div. 1, Ch. 4 (22 G.C.A. \u00a7\u00a7 4101 et seq.)<\/b>\n<\/p>\n <\/center> \nRight to Work\n<\/p>\n <\/center> \nThis entire Chapter was enacted by P.L. 25-125 (5\/15\/2000) <\/center><\/p>\n \n\u00a7\u00a7 4101. Legislative Findings. Policy.<\/b>\n<\/p>\n \n(a) I Liheslaturan Gu\u00e5\u00e5han finds that workers must be protected without regard to whether they are unionized. The right to work is an inherent right of an individual and is an integral part of the right to live.\n<\/p>\n \n \n\u00a7\u00a7 4102. Policy.<\/b><\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"open","template":"","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"class_list":["post-1892","page","type-page","status-publish","hentry"],"yoast_head":"\n
\n
\nCurrent through P.L. 26-72 (2001)\n<\/p>\n
\n(b) The policy of Guam, in the exercise of its sovereign police power, is to regulate the activities and affairs of employers and labor unions, their officers, agents, organizers and representatives.\n<\/p>\n
\n\t(2) to require any employee, as a condition of employment, or of continuance of employment, to abstain or refrain from membership in any labor organization; or
\n\t(3) to require any employee, as a condition of employment, or of continuance of employment, to pay any fees, dues, assessments or other charges or sums of money whatsoever to any person or organization.\n<\/p><\/blockquote>\n
\n\t(2) must remain, or may not remain, members of a labor union.\n<\/p><\/blockquote>\n
\n\tto work;to pursue or engage in, any awful vocation or business activity;
\n\tto enter or leave any place of their employment; or to receive, ship or deliver materials, goods or services not prohibited by law; or
\n\t(2) to engage in picketing by force or violence or in such number or manner as to obstruct or interfere, or constitute a threat to obstruct or interfere, with:\n<\/p><\/blockquote>\n\n
\n\t\tfree use of roads, street, highways, sidewalks, railways or other public ways of travel, transportation or conveyance.\n\t<\/p><\/blockquote>\n<\/blockquote>\n
\n
\nCurrent through P.L. 26-72 (2001)\n<\/p>\n
\n(b) The policy of Guam, in the exercise of its sovereign police power, is to regulate the activities and affairs of employers and labor unions, their officers, agents, organizers and representatives.\n<\/p>\n