Same: Work Force

(a)Minimum Size. A Beneficiary shall at all times employ a total work force of not less than the minimum full-time equivalent number established by the Authority and as set out in the Qualifying Certificate. However, at all times, the work force of a Beneficiary shall meet the following minimum requirements:

(1)Initial Minimum Requirement. At least seventy-five (75%) of the Beneficiary’s nonmanagerial employees shall be United States citizens or permanent residents of the United States; and

(2)Subsequent Minimum Requirement. After the expiration of three-fourths (¾ths) of the period of the Qualifying Certificate or ten

(10)years, whichever is sooner, the Beneficiary shall satisfy the seventy-five (75%) employment requirement for both management and non-management employees.

(b)Management and Non-Management Employees. The Authority shall be the sole judge of whether a Beneficiary’s employee is management or non-management but it may seek advice from the University of Guam, the Guam Community College, the Department of Labor, or such other government agencies as are helpful in advising on carrying out the provisions of this Section. The Authority shall establish by regulation the requirements for practical and equitable training programs as guidance for the Beneficiary and the reasonable minimum number of persons to be employed on a continuing basis for each Beneficiary in accordance with the specific and normal requirements of the business involved. The Authority shall annually report to I Liheslatura the titles and compensation of all trainees, including those placed in management levels, who are employed by the Beneficiaries of Qualifying Certificates.