reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 7 - RESOLUTION OF DISPUTES AND IMPASSES PURSUANT TO SECTION 89-11, HRS › Section 12-43-113 - Alternate impasse procedure

Current through June,
				2024
When an impasse exists, the parties shall notify the board if
				  they have agreed on an alternate impasse procedure, and shall file with the
				  board a copy of the alternate impasse procedure and any amendments thereto. The
				  board shall permit the parties to proceed with their procedure and assist at
				  times and to the extent requested by the parties in their procedure. In the
				  absence of an alternate impasse procedure, the board shall assist in the
				  resolution of impasse in the manner prescribed by this subchapter. If the
				  parties subsequently agree on an alternate impasse procedure, the parties shall
				  immediately notify the board and file a copy with the board, and the board
				  shall discontinue with the procedures initiated pursuant to this subchapter and
				  allow the parties to proceed with the parties' procedure.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 7 - RESOLUTION OF DISPUTES AND IMPASSES PURSUANT TO SECTION 89-11, HRS › Section 12-43-114 - Appointment of mediator

Current through June,
				2024
(a) If an impasse
				exists between a public employer and the exclusive bargaining representative of
				bargaining unit (1), nonsupervisory employees in blue collar positions;
				bargaining unit (5), teachers and other personnel of the department of
				education; or bargaining unit (7), faculty of the University of Hawaii system,
				the board shall assist as provided for in section
				89-11(d),
				HRS.
(b) If an impasse exists
				between a public employer and the exclusive representative of bargaining unit
				(2), supervisory employees in blue collar positions; bargaining unit (3),
				nonsupervisory employees in white collar positions; bargaining unit (4),
				supervisory employees in white collar positions; bargaining unit (6),
				educational officers and other personnel of the department of education under
				the same salary schedule; bargaining unit (8), personnel of the University of
				Hawaii system, other than faculty; bargaining unit (9), registered professional
				nurses; bargaining unit (10), institutional, health, and correctional workers;
				bargaining unit (11), firefighters; bargaining unit (12), police officers;
				bargaining unit (13), professional and scientific employees; bargaining unit
				(14), state law enforcement officers; or bargaining unit (15), state and county
				ocean safety and water safety officers, the board shall assist as provided for
				in section 89-11(e),
				HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 7 - RESOLUTION OF DISPUTES AND IMPASSES PURSUANT TO SECTION 89-11, HRS › Section 12-43-115 - Duties of mediator

Current through June,
				2024
(a) The mediator
				shall perform mediation duties under the guidance of the board and shall report
				any findings to the board.
(b) The
				mediator's function shall be to assist the parties in arriving at a voluntary
				agreement.
(c) The mediator may
				hold separate or joint meetings with the parties or their representatives, and
				such meetings shall be private and nonpublic in nature.
(d) Mediation meetings shall be conducted at
				such time and place as may be designated by the mediator.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 7 - RESOLUTION OF DISPUTES AND IMPASSES PURSUANT TO SECTION 89-11, HRS › Section 12-43-116 - Confidential information

Current through June,
				2024
Any information disclosed by the parties to the mediator in
				  the performance of the mediator's duties shall not be divulged voluntarily or
				  by compulsion, unless otherwise required by law. All files, records, reports,
				  or other papers received or prepared by a mediator while serving in such
				  capacity shall be treated as confidential, and the mediator shall not produce
				  confidential records or testify in regard to mediation conducted by the
				  mediator, on behalf of any party to a cause pending in any type of proceeding
				  unless otherwise required by law.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 7 - RESOLUTION OF DISPUTES AND IMPASSES PURSUANT TO SECTION 89-11, HRS › Section 12-43-117 - Report of mediator and parties

Current through June,
				2024
(a) The mediator
				shall, either orally or in writing, report the progress of mediation efforts,
				as well as the terms of the settlement of the dispute, if any, if so requested
				by the board.
(b) The parties shall
				immediately report to the board the following circumstances as each occurs:
(1) The date of a tentative agreement and
				whether the terms thereof are confidential between the parties, including the
				basis for a claim of confidentiality;
(2) The ratification or failure of
				ratification of a tentative agreement;
(3) The signing of a tentative
				agreement;
(4) The terms of a
				tentative agreement; or
(5) On or
				about the fiftieth day of impasse, the failure of mediation.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 7 - RESOLUTION OF DISPUTES AND IMPASSES PURSUANT TO SECTION 89-11, HRS › Section 12-43-118 - Notification of arbitration

Current through June,
				2024
If an impasse exists between a public employer and the
				  exclusive representative of bargaining unit (2), supervisory employees in blue
				  collar positions; bargaining unit (3), nonsupervisory employees in white collar
				  positions; bargaining unit (4), supervisory employees in white collar
				  positions; bargaining unit (6), educational officers and other personnel of the
				  department of education under the same salary schedule; bargaining unit (8),
				  personnel of the University of Hawaii system, other than faculty; bargaining
				  unit (9), registered professional nurses; bargaining unit (10), institutional,
				  health, and correctional workers; bargaining unit (11), firefighters;
				  bargaining unit (12), police officers; bargaining unit (13), professional and
				  scientific employees; or bargaining unit (14), state law enforcement officers;
				  or bargaining unit (15), state and county ocean safety and water safety
				  officers, and the impasse continues twenty days after the date of impasse, the
				  board shall immediately notify the public employer and the exclusive
				  representative that the impasse shall be submitted to a three-member
				  arbitration panel.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 7 - RESOLUTION OF DISPUTES AND IMPASSES PURSUANT TO SECTION 89-11, HRS › Section 12-43-119 - Selection, qualification, and certification of interest arbitration panel pursuant to section 89-ll (e) (2), HRS

Current through June,
				2024
(a) Two members of
				the arbitration panel shall be selected by the parties; one shall be selected
				by the public employer and one shall be selected by the exclusive
				representative.
(b) The neutral
				third member of the arbitration panel, who shall chair the arbitration panel,
				shall be selected by mutual agreement of the parties. If the parties fail to
				select the neutral third member of the arbitration panel within thirty days
				from the date of impasse, the board shall request the American Arbitration
				Association, or its successor in function, to furnish a list of five qualified
				and experienced interest arbitrators from which the neutral arbitrator shall be
				selected. Within five days after receipt of such list, the parties shall
				alternately strike names from the list until a single name is left, who shall
				be immediately appointed by the board as the neutral arbitrator and chair of
				the arbitration panel.
(c) Within
				five days of the selection of the neutral third member, the parties shall
				notify the board in writing of the selection and the names of the members, who
				shall be immediately appointed by the board as a member of the interest
				arbitration panel. Upon appointment of all three members of the interest
				arbitration panel, the board shall serve a copy of its certification of
				appointment of such panel upon all parties and interest arbitration panel
				members.
(d) Any party may
				challenge the qualifications of a qualified interest arbitrator from the list
				by motion pursuant to section
				12-43-21 filed electronically in
				the applicable case.
(e) Within one
				hundred twenty days of its appointment, the interest arbitration panel shall
				commence a hearing at which time the parties may submit, either in writing or
				through oral testimony, all information or data supporting their respective
				positions to the panel.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 7 - RESOLUTION OF DISPUTES AND IMPASSES PURSUANT TO SECTION 89-11, HRS › Section 12-43-120 - Findings and decision of interest arbitration panel

Current through
				June, 2024
Within thirty days after the conclusion of the hearing, the
				  interest arbitration panel shall transmit a preliminary draft of its decision
				  to the parties. Within fifteen days after the transmittal of the preliminary
				  draft, a majority of the interest arbitration panel shall issue the arbitration
				  decision, which shall be served upon all parties.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 7 - RESOLUTION OF DISPUTES AND IMPASSES PURSUANT TO SECTION 89-11, HRS › Section 12-43-121 - Costs and expenses

Current through June,
				2024
(a) Costs and
				expenses for mediation provided for under this subchapter shall be borne by the
				board.
(b) The costs and expenses
				for any other services performed by neutrals pursuant to mutual agreement by
				the parties, including the costs for the neutral arbitrator, shall be borne
				equally by the parties. All other costs incurred by either party, including the
				costs of its selected member of the arbitration panel, shall be borne by the
				party incurring them.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 7 - RESOLUTION OF DISPUTES AND IMPASSES PURSUANT TO SECTION 89-11, HRS › Section 12-43-122 - Time frames

Current through June, 2024
Any time frame provided for in an impasse procedure, whether
				  an alternate procedure or the procedures set forth in section
				  89-11, HRS, as the same may be
				  amended, may be modified by mutual agreement of the parties with written notice
				  to the board. In the absence of a mutual agreement to modify time frames, any
				  delay, failure, or refusal by either party to participate in the impasse
				  procedure shall not be permitted to halt or otherwise delay the process, unless
				  the board so orders due to an unforeseeable circumstance. The process shall
				  commence or continue as though all parties were
				  participating.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 7 - RESOLUTION OF DISPUTES AND IMPASSES PURSUANT TO SECTION 89-11, HRS › Section 12-43-123 - Closing of impasse cases

Current through June,
				2024
(a) The parties are
				required to notify the board of the execution of any collective bargaining
				agreement arising out of an impasse case filed with the board. The board shall
				then issue a "Notice of Intent to Dismiss Impasse Case Because of Mootness"
				stating that the board will dismiss such impasse case because of mootness,
				unless it receives written notification from any party to the proceeding within
				ten days of the issuance of such notice, setting forth reasons why the case
				should not be dismissed.
(b) Ten
				days after issuance of such notice, if no objections to dismissal are received,
				the board shall issue an order dismissing the case.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 8 - PROCEDURES RELATING TO STRIKES - RIGHTS AND PROHIBITIONS › Section 12-43-130 - Scope

Current through June, 2024
(a) This subchapter governs the general
				procedures relating to employee participation in a strike or to a strike about
				to occur or in progress, declared or authorized by an exclusive representative
				pursuant to section 89-12, HRS. Section
				12-43-131 shall also be applicable
				to employees or representatives subject to the provisions of section
				377-12, HRS.
(b) This subchapter shall not infringe on any
				party's right to institute appropriate proceedings in the circuit
				court.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 8 - PROCEDURES RELATING TO STRIKES - RIGHTS AND PROHIBITIONS › Section 12-43-131 - Notice of intent to strike

Current through June,
				2024
(a) The exclusive
				representative, or the employees or representative subject to section
				377-12, HRS, shall give a
				ten-day notice of intent to strike to the employer and the board, including a
				statement of its position on all remaining issues in dispute.
(b) Within three days of receipt of the
				notice of intent to strike, the employer shall submit its own position on
				remaining issues in dispute.
(c)
				The board shall release information on the parties' respective positions to the
				public by posting to the board's website.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 9 - REVIEW OF DUES REFUND › Section 12-43-140 - Scope

Current through June, 2024
(a) This subchapter governs the procedures
				for the review of the amount to be refunded to a nonmember employee by an
				exclusive representative pursuant to section
				89-4, HRS.
(b) The provisions of subchapter
				2 shall govern review of dues refund
				proceedings, except as otherwise modified in this subchapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 9 - REVIEW OF DUES REFUND › Section 12-43-141 - Petition for review

Current through June, 2024
(a) A nonmember employee who objects to the
				amount to be refunded by an exclusive representative may petition the board for
				a review thereof within fifteen days after receiving notice of the amount of
				refund from the exclusive representative.
(b) At hearing, the exclusive representative
				shall bear the burden of production of evidence and the burden of proof of the
				validity of its proposed refund.
(c) The petition shall be prepared on a form
				furnished by the board.
(d) The
				petition shall contain the following:
(1) The
				name, address, telephone number, and e-mail address of the
				petitioner;
(2) The bargaining unit
				of the petitioner;
(3) The name,
				mailing address, and telephone number of the exclusive representative against
				whom the petition is filed;
(4) The
				name, mailing address, and telephone number of the public employer;
(5) A statement of the amount deducted from
				the payroll of the nonmember employee which is equivalent to regular
				dues;
(6) A statement of the amount
				to be refunded by the exclusive representative;
(7) The date the notice of refund was
				received by the nonmember employee;
(8) A complete statement of the reasons for
				objections to the amount of refund and any relevant underlying facts;
				and
(9) The signature of the
				petitioner or the petitioner's representative.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 9 - REVIEW OF DUES REFUND › Section 12-43-142 - Answer

Current through June, 2024
(a) The respondent shall file a written
				answer with the board within ten days after service of a copy of the petition,
				along with certificate of service on all parties.
(b) The answer shall contain the following:
(1) A specific admission, denial, or
				explanation of each allegation of the petition, or, if the respondent is
				without knowledge thereof, the respondent shall so state and the statement
				shall constitute a denial. Admissions or denials may be made to all or part of
				the allegation, but shall fairly meet the substance of the
				allegation;
(2) A specific detailed
				statement of any affirmative defense; and
(3) A clear and concise statement of the
				facts and matters of law relied upon constituting the grounds for
				defense.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 9 - REVIEW OF DUES REFUND › Section 12-43-143 - Decision and order

Current through June, 2024
In the disposition of petitions filed under this subchapter,
				  the board may:
(1) Dismiss the
				petition; or
(2) Find that the
				exclusive representative has not returned to the nonmember employee, a pro rata
				share of expenditures made by the exclusive representative for activities of a
				political and ideological nature unrelated to the terms and conditions of
				employment, and issue an order directing the exclusive representative to
				appropriately adjust the amounts to be refunded; and
(3) Award such other relief as the board
				deems just.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 10 - FINANCIAL REPORTS OF EMPLOYEE ORGANIZATIONS › Section 12-43-150 - Scope

Current through June, 2024
(a) This subchapter governs the general
				procedures relating to an employee organization's and representative's (any
				representative of employees for collective bargaining subject to chapter
				377, HRS) financial reports to its
				members pursuant to sections
				89-15 and
				377-10, HRS,
				respectively.
(b) The provisions of
				subchapter 2 shall govern financial reports of
				employee organization and representative proceedings, except as otherwise
				modified in this subchapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 10 - FINANCIAL REPORTS OF EMPLOYEE ORGANIZATIONS › Section 12-43-151 - Petition

Current through June, 2024
(a) If an employee organization fails to
				comply with section 89-15, HRS, any employee
				included in the bargaining unit may petition the board for an order compelling
				compliance.
(b) If a representative
				fails to comply with section
				377-10, HRS, any employee who is
				a member of the association with which the representative is associated may
				petition the board for an order compelling compliance.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 10 - FINANCIAL REPORTS OF EMPLOYEE ORGANIZATIONS › Section 12-43-152 - Answer

Current through June, 2024
(a) Within ten days after service of the
				petition, the employee organization or representative shall file with the board
				a written answer and serve the petitioner with its answer and certify the same
				in an attached certificate of service.
(b) The answer shall include specific
				admissions, denials, or explanations of each allegation contained in the
				petition.
(c) If the employee
				organization or representative fails to timely file an answer, such failure
				shall constitute an admission of the material facts alleged in the petition and
				a waiver of hearing.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 10 - FINANCIAL REPORTS OF EMPLOYEE ORGANIZATIONS › Section 12-43-153 - Decision and order

Current through June, 2024
The board may dismiss the petition, or order the employee
				  organization or representative to make available to its members a certified
				  written financial statement.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 11 - RESOLUTION OF DISPUTES CONCERNING COST ITEMS › Section 12-43-160 - Scope

Current through June, 2024
This subchapter governs the general procedures for the
				  resolution of any dispute concerning cost items pursuant to section
				  89-5, HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 11 - RESOLUTION OF DISPUTES CONCERNING COST ITEMS › Section 12-43-161 - Jurisdiction of the board

Current through June,
				2024
Jurisdiction of the board to resolve any dispute concerning
				  cost items shall be limited to the determination of whether the matter in
				  dispute is or is not a cost item and shall be processed upon petition by any
				  exclusive bargaining representative or public employer pursuant to the
				  provisions set forth in the subchapter relating to declaratory
				  rulings.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 12 - REFERENCE MATERIALS › Section 12-43-170 - Scope

Current through June, 2024
This subchapter governs the filing of all reference materials
				  pertaining to public employee-management relations pursuant to section
				  89-5, HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 12 - REFERENCE MATERIALS › Section 12-43-171 - Collective bargaining agreement

Current through June,
				2024
Public employers and employee organizations shall file with
				  the board a copy of all collective bargaining agreements applicable to their
				  respective employees and members, including supplemental agreements, memoranda
				  of agreement, and memoranda of understanding, where such agreements concern
				  wages, hours, or other terms and conditions of employment which are subject to
				  collective bargaining, within thirty days after the agreement is executed by
				  the parties. Agreements on reopened items and agreements to extend a collective
				  bargaining agreement shall be included as documents required to be filed by
				  this section.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 12 - REFERENCE MATERIALS › Section 12-43-172 - Statutes, ordinances, rules, regulations, orders, and policies

Current through June, 2024
Upon request from the board, a public employer and an
				  employee organization shall file with the board a copy of statutes, ordinances,
				  rules, regulations, orders, or policy statements affecting public
				  employee-management relations applicable to all employees of such public
				  employer.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 12 - REFERENCE MATERIALS › Section 12-43-173 - Information and data

Current through June, 2024
Upon request from the board, a public employer or employee
				  organization shall file with the board information and data pertaining to
				  public employee-management relations necessary for the board to carry out its
				  functions and responsibilities pursuant to chapter
				  89, HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 12 - REFERENCE MATERIALS › Section 12-43-174 - Statistical data

Current through June, 2024
Upon request from the board, a public employer or an employee
				  organization shall file with the board, no later than July 1 of every year,
				  statistical data relating to the number of collective bargaining unit employees
				  employed by that employer or a member of that employee organization, and wages,
				  benefits, and employment practices in public employment.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 12 - REFERENCE MATERIALS › Section 12-43-175 - Penalties

Current through June, 2024
The failure, without good cause shown, to comply with any
				  section of this subchapter may result in the imposition of monetary penalties
				  and the imposition of other sanctions.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 13 - STREAMLINING UNION CERTIFICATION › Section 12-43-180 - Scope of streamlining union certification

Current through June,
				2024
This subchapter governs the general procedure relating to
				  selection and certification of an exclusive representative for the purposes of
				  collective bargaining pursuant to section
				  377-4.6, HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 13 - STREAMLINING UNION CERTIFICATION › Section 12-43-181 - Definitions

Current through June, 2024
As used in this subchapter:
"Appropriate unit" means a unit that is appropriate for the
				  purposes of collective bargaining and that is the subject of a petition filed
				  pursuant to this subchapter.
"Exclusive representative" means an individual or labor
				  organization certified by the board under section
				  377-4.6, HRS, as the exclusive
				  collective bargaining agent to represent all employees in an appropriate unit
				  without discrimination and without regard to employee organization
				  membership.
"Petition" means a petition that is filed pursuant to this
				  subchapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 13 - STREAMLINING UNION CERTIFICATION › Section 12-43-182 - Streamlining union certification

Current through June,
				2024
(a) An employee,
				group of employees, or any individual or labor organization acting on their
				behalf may collect signed valid authorization cards from employees as defined
				in section 377-4.6(c),
				HRS, designating the individual or labor organization as their exclusive
				representative.
(b) The
				authorizations shall include the following:
(1) The full name, address, and job title of
				the employee;
(2) The name and
				address of the employer;
(3) The
				identification of the individual or labor organization that is collecting
				authorization cards as the exclusive representative;
(4) An indication that the employee
				designates the individual or labor organization as his or her exclusive
				representative;
(5) A statement
				that by signing the card, the employee is acknowledging that if a majority of
				the employee's co-workers in an appropriate unit sign similar cards showing
				majority support, the card may be used by the individual or labor organization
				to obtain certification as the employees' exclusive representative without an
				election similar to that under section
				377-1, HRS;
(6) An acknowledgement by the employee that
				the information given to the employee is in a language understandable to the
				employee;
(7) The declaration of
				the employee that the information contained in the authorization cards is true
				and correct; and
(8) The legible
				signature or mark of the employee, and if using a mark a signature of a
				witness, and the date of the signature or mark.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 13 - STREAMLINING UNION CERTIFICATION › Section 12-43-183 - Application of streamlining union certification

Current through June,
				2024
Streamlining union certification under section
				  377-4.6, HRS, shall apply to an
				  employee as defined under section
				  377-1, HRS, provided that the
				  employee is employed by an employer with annual gross revenue of more than
				  $5,000,000. The annual gross revenue of an employer shall mean revenue derived
				  by the employer from all sources, including parents, subsidiaries, and other
				  affiliates wherever located based upon financial statements in the preceding
				  fiscal year or, if the employer has operated for less than one year, based upon
				  the actual or projected annual gross revenue reasonably projected by the board
				  of that employer.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 13 - STREAMLINING UNION CERTIFICATION › Section 12-43-184 - Filing of petition

Current through June,
				2024
An employee, group of employees, or any individual or labor
				  organization acting on their behalf seeking certification as the exclusive
				  representative shall file a petition on a form furnished by the board, and
				  include the following:
(1) The full
				names, addresses, email addresses, and affiliation, if any, of the petitioner,
				and the name and telephone number of its principal representative to be
				contacted;
(2) The name and address
				of the employer, the general nature of the business, the number of employees
				constituting the appropriate unit, and annual gross revenue of the
				employer;
(3) A full description of
				the appropriate unit, including the job classifications or positions of
				employees sought to be included and excluded and the approximate number of
				employees in the appropriate unit;
(4) The name and address of any known persons
				or organizations that claim to represent any of the employees in the
				appropriate unit;
(5) An allegation
				that no other individual or labor organization is currently certified or
				recognized as the exclusive representative of any of the employees in the
				appropriate unit;
(6) An allegation
				that more than fifty per cent of the employees within the appropriate unit have
				designated the petitioner as their exclusive representative;
(7) An allegation that the employer of the
				appropriate unit has an annual gross revenue of more than $5,000,000;
				and
(8) Any other relevant facts
				pertinent to the petition.
A petition may be withdrawn at any time before the issuance
				  of a final order of the board.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 13 - STREAMLINING UNION CERTIFICATION › Section 12-43-185 - Notice of petition

Current through June,
				2024
(a) Upon the filing
				of the petition, written notice thereof with a copy of the petition shall be
				sent by the board to the employer and other interested parties. The notice
				shall include the date when the petition was filed, the name and address of the
				petitioner, the name and address of the employer involved, a description of the
				appropriate unit, and a statement that parties and interested persons shall
				have fourteen days from the date of the notice to file:
(1) Objections to the allegation that the
				employer has annual gross revenues of more than $5,000,000;
(2) Objections to the description of the
				appropriate unit, including the job classifications or positions to be included
				or excluded from the appropriate unit and the approximate number of employees
				in the appropriate unit;
(3)
				Objections to the petitioner's designation of the question regarding
				representation that has arisen; or
(4) A petition to intervene pursuant to the
				provisions of subchapter
				2 of these rules, in so far as it
				applies.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 13 - STREAMLINING UNION CERTIFICATION › Section 12-43-186 - Investigation of petition

Current through June,
				2024
(a) Upon the filing
				of the petition, the board or the hearings officer shall investigate whether:
(1) Petitioner has collected valid
				authorization cards from more than fifty per cent of the employees in an
				appropriate unit designating petitioner as their exclusive representative for
				collective bargaining purposes;
(2)
				There is agreement among the parties regarding the composition of the
				appropriate unit;
(3) The employer
				earns annual gross revenues of more than $5,000,000; and
(4) There is no other individual or labor
				organization that is certified or recognized as the exclusive representative of
				any of the employees in the appropriate unit.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 13 - STREAMLINING UNION CERTIFICATION › Section 12-43-187 - Notice of hearing

Current through June,
				2024
After the investigation, if it appears to the board or
				  hearings officer that a hearing is warranted, the board or hearings officer
				  shall issue notice of hearing upon the parties, electronically or via first
				  class mail, at least fifteen days before the hearing and shall set the time and
				  place of such hearing. The board or hearings officer may notice and hold a
				  prehearing conference.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 13 - STREAMLINING UNION CERTIFICATION › Section 12-43-188 - Eligibility and validity of authorization

Current through June,
				2024
(a) The validity of
				the signatures appearing on the authorization cards shall be determined
				administratively by the board or hearings officer. A signature appearing on an
				authorization card filed in compliance with these rules shall be presumed
				valid.
(b) The board and hearings
				officer shall maintain the confidentiality of all signatures and identities
				appearing on authorization cards. The authorization cards shall not be shown or
				furnished to any of the parties after acceptance by the board or hearings
				officer and shall be destroyed when the file is closed notwithstanding any
				other rule to the contrary.
(c) A
				board or hearings officer's finding of the eligibility of an employee to sign
				an authorization card or of the validity of the signature of the employee on an
				authorization card, or both, shall be dispositive of the issue and not subject
				to litigation or collateral attack, except upon sufficient evidence that the
				signature was obtained improperly through fraud or coercion. If there is a
				dispositive finding by the board or hearings officer that the employee is
				eligible to sign an authorization card and that the signature of the employee
				on an authorization card is valid, the authorization of the employee shall be
				counted toward the final determination of certification by the board or the
				hearings officer conducting the investigation.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 13 - STREAMLINING UNION CERTIFICATION › Section 12-43-189 - Decision and order

Current through June, 2024
(a) Following the hearing, the board or
				hearings officer shall issue a decision and order determining whether:
(1) The employer has annual gross revenues of
				more than $5,000,000;
(2) No other
				individual or labor organization is certified or recognized as the exclusive
				representative of any of the employees in the unit; and
(3) A majority of the employees in the
				appropriate unit have signed valid authorizations designating the individual or
				labor organization specified in the petition as their bargaining
				representative.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 13 - STREAMLINING UNION CERTIFICATION › Section 12-43-190 - Certification of representative

Current through June,
				2024
Upon a finding by the board or hearings officer that all of
				  the requirements for certification by authorization cards have been satisfied,
				  the board shall certify the petitioner as the exclusive representative of the
				  appropriate unit. The board shall issue a copy of the certificate to the
				  employer and so notify the parties.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 14 - ELECTION OF BARGAINING REPRESENTATIVES IN PRIVATE EMPLOYMENT › Section 12-43-200 - Scope

Current through June, 2024
(a) This subchapter governs the general
				procedure relating to determination of an appropriate bargaining unit, election
				of an exclusive bargaining representative, and decertification of an exclusive
				bargaining representative in private employment pursuant to section
				377-5, HRS.
(b) The provisions of subchapter
				2 shall govern election of bargaining
				representatives in private employment proceedings insofar as they may be
				applicable, or as otherwise modified by this subchapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 14 - ELECTION OF BARGAINING REPRESENTATIVES IN PRIVATE EMPLOYMENT › Section 12-43-201 - Determination of collective bargaining unit and election of collective bargaining representative

Current through June,
				2024
A petition for determination of a collective bargaining unit
				  and election of collective bargaining representative pursuant to section
				  377-5(b) and
				  (c), HRS, may be filed by an employee, group
				  of employees, an individual or labor organization acting in their behalf, or an
				  employer in the case of jurisdictional disputes, or where a union has requested
				  recognition.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 14 - ELECTION OF BARGAINING REPRESENTATIVES IN PRIVATE EMPLOYMENT › Section 12-43-202 - Petition

Current through June, 2024
(a) The petition shall be prepared on a form
				furnished by the board, and filed with the board.
(b) The petition shall include the following:
(1) The name, mailing address, telephone
				number, and affiliation, if any, of the petitioner, and sufficient information
				to allow for electronic filing by, and electronic service upon, the
				petitioner;
(2) The name and
				mailing address of the employer, the general nature of the business, and the
				approximate number of employees;
(3) A description of the bargaining unit
				claimed to be appropriate and the approximate number of employees constituting
				the unit;
(4) The names and mailing
				addresses of any known persons or organizations that claim to represent any of
				the employees in the alleged bargaining unit;
(5) A brief statement setting forth the
				nature of the question that has arisen concerning representation; an
				appropriate showing that thirty per cent or more of the employees within a
				bargaining unit claimed to be appropriate have selected the collective
				bargaining representative to represent them; and
(6) Any other relevant facts pertinent to the
				petition.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 14 - ELECTION OF BARGAINING REPRESENTATIVES IN PRIVATE EMPLOYMENT › Section 12-43-203 - Hearing to determine bargaining unit

Current through June,
				2024
If it appears to the board that the petition presents a
				  question concerning the determination of a collective bargaining unit, the
				  board shall hold a hearing upon notice to all parties. The hearing procedure
				  shall be governed by the provisions of subchapter
				  2. The board shall determine the facts
				  necessary for the determination of the appropriate bargaining unit. Upon
				  completion of the hearing, the board shall issue a decision regarding the
				  appropriate bargaining unit.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 14 - ELECTION OF BARGAINING REPRESENTATIVES IN PRIVATE EMPLOYMENT › Section 12-43-204 - Pre-election conference, stipulation for consent election, hearing, and elections

Current through June,
				2024
If the board finds that the petition presents a question
				  concerning representation, a pre-election conference shall be held between the
				  interested parties, and the parties may enter into a stipulation for consent
				  election, as prescribed by the board. The board or its agents shall conduct the
				  election in accordance with the stipulation. If no stipulation is entered into,
				  the board may hold a hearing, after notice of the hearing to all parties. At
				  the hearing, the board shall determine the facts necessary to conduct the
				  election. If, upon completion of the hearing, the board concludes that a secret
				  ballot election shall be held, it may direct that an election be conducted in
				  the appropriate collective bargaining unit upon the terms as it may specify.
				  The form of ballot to be used in any election shall be prepared as prescribed
				  in section 377-5(c),
				  HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 14 - ELECTION OF BARGAINING REPRESENTATIVES IN PRIVATE EMPLOYMENT › Section 12-43-205 - Certification of election

Current through June,
				2024
Immediately following the election, the board shall make
				  findings and certify the results of the election to the employer and the
				  parties to the proceedings (election certification).
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 14 - ELECTION OF BARGAINING REPRESENTATIVES IN PRIVATE EMPLOYMENT › Section 12-43-206 - Election results and objections

Current through June,
				2024
Any party to the proceeding may file objections to the
				  conduct of the election or conduct affecting the results of the election within
				  five days after receipt of a copy of the election certification. The objections
				  shall be in writing and contain a brief statement of the facts upon which the
				  objections are based. The original, with proof of service upon all parties,
				  shall be signed and filed with the board. The board may hold a hearing upon due
				  notice and shall decide the validity of the objections before proceeding to a
				  final determination.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 14 - ELECTION OF BARGAINING REPRESENTATIVES IN PRIVATE EMPLOYMENT › Section 12-43-207 - Challenged ballots

Current through June,
				2024
If a dispute arises in an election concerning the eligibility
				  of a particular employee to vote therein, the ballot of the employee may be
				  challenged by the board agent conducting the election or an authorized
				  observer. Each challenged ballot shall be placed in an individually marked
				  envelope. If the challenged ballots are necessary for a final determination,
				  the board may hold a hearing upon due notice, and shall decide the eligibility
				  of the employee.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 14 - ELECTION OF BARGAINING REPRESENTATIVES IN PRIVATE EMPLOYMENT › Section 12-43-208 - Runoff election

Current through June,
				2024
(a) The board shall
				conduct a runoff election in any election where no choice on the ballot
				receives a majority of valid votes cast. The runoff ballot shall provide for
				selection between the two choices receiving the largest and second largest
				number of valid votes cast in the election.
(b) Employees who were eligible to vote in
				the election and who are in an eligible category on the date of the runoff
				election shall be eligible to vote in the runoff election.