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 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-33 - Substitution of parties

Current through June,
				2024
(a) Upon motion and
				for good cause shown, such as death or legal incapacity, the board may order
				substitution of parties; provided that the substitution:
(1) Is conducive to effectuating the ends of
				justice;
(2) Will not unduly delay
				the proceeding; and
(3) Will not
				otherwise unduly harass, hinder, or prejudice the rights of any
				party.
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 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-34 - Burden of proof

Current through June, 2024
Unless otherwise ordered or provided by law or statute, the
				  party initiating the proceeding shall have the initial burden of proof,
				  including the burden of producing evidence and the burden of persuasion. The
				  degree or quantum of proof shall be a preponderance of the evidence. If the
				  initiating party meets its initial burden of proof, the burden of proof may
				  shift as provided 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 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-35 - Post-hearing briefs

Current through June, 2024
(a) After all parties have rested their cases
				at the hearing, a party may file a post-hearing brief in lieu of final oral
				argument made before the close of hearing. Such party shall be entitled to file
				a brief within the time as may be fixed by the board, except that the board may
				order that proposed findings of fact and conclusions of law be submitted in
				lieu of or in addition to the parties' post-hearing briefs. Post-hearing briefs
				and proposed findings and conclusions may not exceed twenty-five pages in
				length, exclusive of transcripts. Upon motion and for good cause shown, the
				board may grant permission to exceed these page limits.
(b) The board may, on its own initiative,
				order the filing of briefs or proposed findings of fact and conclusions of law,
				or both, when it deems such filing is warranted by the nature of the
				proceedings or the issues therein.
(c) A request for extension of time within
				which to file a brief or proposed findings of fact and conclusions of law shall
				be filed at least ten days before the expiration of the required time for
				filing, and shall be accompanied by a declaration setting forth the grounds
				upon which it is based and indicating the position of the other parties with
				regard to the request.
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 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-36 - Taking of further evidence or request for further briefs

Current
				through June, 2024
At any time before the issuance of a decision by the board or
				  recommended decision by a hearings officer, the board or hearings officer may,
				  upon its own initiative or upon motion and for good cause shown, reopen the
				  hearing for the purpose of taking further evidence, or further briefing and
				  shall do so in a written decision or order. Further evidence or briefing may be
				  obtained through oral hearing or by certification of questions to 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 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-37 - Proposed decision or order, exceptions

Current through June,
				2024
(a) When a hearings
				officer or a board member rendering a final decision has not heard and examined
				all of the evidence, a final decision shall not be made until a proposal for
				decision containing a statement of reasons and including determination of each
				issue of fact or law necessary to the proposed decision has been served upon
				the parties.
(b) Within the time
				specified by the board, an adversely affected party may file exceptions to the
				whole or part of the proposed decision, order, or preliminary ruling and may
				include a request for an opportunity to present oral argument before the
				hearings officer or the board. A copy of the exceptions shall be served by the
				party so excepting upon each party to the proceeding.
(c) The exceptions shall:
(1) Set forth specifically the questions of
				procedure, fact, law, or policy to which exceptions are taken;
(2) Identify that part of the proposed
				decision, order, or preliminary ruling to which exceptions are made;
(3) Designate by citation the portions of the
				record relied upon;
(4) Cite any
				authorities relied upon; and
(5)
				State all grounds and reasons for exceptions to a ruling, finding, conclusion,
				or proposal. Grounds not cited or specifically urged are
				waived.
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 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-38 - Decisions or orders and dispositive orders of the board

Current
				through June, 2024
(a)
				Every final decision or order rendered by the board that is adverse to a party
				to the proceeding and appealable pursuant to section
				91-14, HRS, shall be in writing,
				or stated in the record, and shall be accompanied by separate findings of fact
				and conclusions of law. Interlocutory orders may be in writing or stated in the
				record, and shall be enforceable by the board as if a final order.
(b) Copies of final decisions and orders
				shall be available for public inspection in the office of the board or the
				board website or may be obtained upon request and the payment of appropriate
				costs, all in accordance with applicable law.
(c) In a contested case where notice of the
				hearing has been served by publication and the party so served has failed to
				appear at the hearing, service of the board's decision is complete upon mailing
				to the party's last known address.
(d) Subject to any specific provisions set
				forth in any other subchapters, a final decision or order, withdrawal, or
				dismissal of a complaint, petition, contest, or other pleading initiating a
				case before the board, shall close the case before 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 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-39 - Motions to stay or enforce board decisions and orders

Current through
				June, 2024
(a) A party
				may move the board to enforce or stay a final or interlocutory order or
				decision by the board.
(b) A motion
				to enforce a board decision or order shall be made within thirty days after
				another party's refusal to comply with the order. Following notice to the other
				parties and opportunity for other parties to respond, the board in its
				discretion may schedule the motion for hearing or may decide the motion without
				hearing. If it appears that a party failed to obey an order of the board while
				the same is in effect, the board may petition the circuit judge of the judicial
				circuit wherein such party resides or usually transacts business for the
				enforcement of the order and for appropriate temporary relief or restraining
				order. The board shall certify the file in the court as the record in the
				proceedings, including all documents and papers on file in the matter, the
				pleadings and testimony upon which the order was entered, and the decision and
				order of the board. Upon such filing the board shall cause notice thereof to be
				served upon the party by mailing a copy to the party's last known address, and
				thereupon the judge shall have jurisdiction in the premises.
(c) The board may on its own initiative
				petition the circuit court for appropriate relief.
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 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-40 - Judicial review of contested cases

Current through June,
				2024
Appeals may be taken in accordance with statutory provisions.
				  A motion to enforce a final decision or order, motion for stay, motion for
				  attorney's fees and costs, or motion for reconsideration shall not affect the
				  time in which an aggrieved party may appeal a final decision or
				  order.
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 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-41 - Record on appeal from board decisions

Current through June,
				2024
(a) The designation
				and certification of the record on appeal shall be controlled by the applicable
				Hawaii Rules of Civil Procedure.
(b) Where the transcripts are not already
				part of the board's records in a case, a party requesting transcripts for
				purposes of appeal shall arrange with the court reporter for the payment of the
				transcripts and for filing of the transcripts with the board, unless otherwise
				ordered by the board.
(c) As
				required by law, the appealing party or parties shall be responsible for all
				costs of preparing and transmitting a record on appeal, including the costs of
				copying and mailing documents.
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 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-42 - Ex parte communications

Current through June,
				2024
(a) No employee,
				public employee, exclusive representative, employer, public employer, or any
				other person or organization, whether or not a party to a proceeding before the
				board, shall engage in any unauthorized ex parte communications, either orally,
				in writing or electronically, about any proceeding or matter pending before the
				board with any member of the board.
(b) The following classes of communications
				shall not be prohibited:
(1) Those which
				relate solely to matters which a board member or hearings officer is authorized
				to dispose of on an ex parte basis;
(2) Requests for information with respect to
				the status or scheduling of a proceeding;
(3) Those which all parties to the proceeding
				agree, or which the board has formally ruled, may be made on an ex parte basis;
				and
(4) Those with representatives
				of any news media on matters intended to inform the general public.
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 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-43 - Board investigations under chapters 89 and 377, HRS

Current
				through June, 2024
Pursuant to chapter
				  89 or
				  377, HRS, the board may at any time
				  institute investigations on its own initiative into any matter governed by
				  chapter 89 or
				  377, HRS. The board shall serve its
				  notice of investigation upon the employee, public employee, employee
				  organization, employer, or public employer being investigated or having a
				  direct interest or concern in the matter under investigation and shall
				  designate the time and place for the investigation. In conducting an
				  investigation or inquiry, the board may request or subpoena information from an
				  employee, employee organization, or employer that is subject to chapter
				  89 or
				  377, HRS, or question a party,
				  witness, a party's attorney, or other representative appearing before the
				  board, with respect to any matter.
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 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-44 - Assistance of employers and employee organizations

Current through
				June, 2024
In proceedings pursuant to chapter
				  89 or
				  377, HRS, the board may obtain the
				  assistance or solicit the views of other governmental agencies, employee
				  organizations, public employers, or private organizations where necessary or
				  desirable to effectuate the purposes of chapters
				  89 and
				  377, 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 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-45 - Application of Hawaii Rules of Civil Procedure

Current through June,
				2024
Where the board's rules are silent on a practice and
				  procedure, including a motion or aspect of a motion, the board may apply the
				  Hawaii Rules of Civil Procedure and case law governing the practice and
				  procedure to the extent that the board's rules are silent and not in
				  conflict.
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 3 - DECLARATORY RULINGS UNDER CHAPTERS 89 AND 377, HRS › Section 12-43-50 - In general

Current through June,
				2024
(a) Any employee,
				public employee, employer, public employer, exclusive representative, or
				interested person, who has standing under this chapter, may petition the board
				for a declaratory ruling as to the applicability of any statutory provision or
				of any rule or order of the board subject to its jurisdiction.
(b) The provisions of subchapter
				2 shall govern declaratory ruling
				proceedings except as otherwise provided 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 3 - DECLARATORY RULINGS UNDER CHAPTERS 89 AND 377, HRS › Section 12-43-51 - Petition

Current through June, 2024
(a) The petition shall be prepared on a form
				furnished by the board.
(b) The
				petition shall contain the following:
(1) The
				name, mailing address, email address, and telephone number of the petitioner,
				and sufficient information to allow electronic filing by, and electronic
				service upon, the petitioner;
(2) A
				statement of the nature of the petitioner's interest, including reasons for
				submission of the petition;
(3) A
				designation of the specific provision, rule, or order in question;
(4) A clear and concise statement of the
				position or contention of the petitioner;
(5) A memorandum of authorities, containing a
				full discussion of the reasons, including legal authorities, in support of such
				position or contention; and
(6) The
				signature of each petitioner or 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 3 - DECLARATORY RULINGS UNDER CHAPTERS 89 AND 377, HRS › Section 12-43-52 - Disposition

Current through June, 2024
(a) The board shall consider each petition
				submitted and, within a reasonable time after the submission thereof, either
				deny the petition, stating its reason for the denial; issue a declaratory
				ruling on the matters contained in the petition; or set the matter for hearing
				or argument.
(b) The board may in
				its discretion refuse to issue a declaratory ruling. Without limiting the
				generality of the foregoing, the board may so refuse where:
(1) The question is speculative or
				hypothetical and does not involve existing facts or facts which are expected to
				exist in the near future;
(2) The
				petitioner's interest is not of the type which would give the petitioner
				standing to maintain an action if such petitioner were to seek judicial
				relief;
(3) The issuance of the
				declaratory ruling may adversely affect the interests of the board or any of
				its officers or employees in litigation which is pending or may reasonably be
				expected to arise;
(4) The matter
				is not within the jurisdiction of the board; or
(5) There is a genuine controversy of
				material fact, the resolution of which is necessary before any declaratory
				ruling may be issued.
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 3 - DECLARATORY RULINGS UNDER CHAPTERS 89 AND 377, HRS › Section 12-43-53 - Hearing

Current through June, 2024
(a) The board may order a hearing on the
				petition.
(b) The board may request
				the petitioner or any party to submit a statement of additional facts or
				memoranda to clarify a specific factual issue, position, or
				contention.
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 3 - DECLARATORY RULINGS UNDER CHAPTERS 89 AND 377, HRS › Section 12-43-54 - Declaratory ruling

Current through June, 2024
(a) The board shall issue and serve upon the
				petitioner and each other party to the proceeding, if any, a decision and
				order, which shall include appropriate findings of fact and conclusions of
				law.
(b) All declaratory rulings
				issued by the board shall be based upon the whole record and supported by
				substantial evidence, including those matters which the board took notice of
				pursuant to section
				12-43-32(e).
(c) A declaratory ruling or an order
				disposing of a petition shall be applicable only to the factual situation
				alleged in the petition or set forth in the declaratory ruling or order
				disposing of the petition. The declaratory ruling or order disposing of the
				petition shall not be applicable to different factual situations or where
				additional facts not considered in the declaratory ruling or order disposing of
				the petition exist.
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 4 - PROHIBITED PRACTICES AND UNFAIR LABOR PRACTICES › Section 12-43-60 - Scope

Current through June, 2024
(a) This subchapter governs the procedures
				specific to prohibited practices pursuant to sections
				89-13,
				89-14, and
				377-9, HRS, and unfair labor
				practices pursuant to sections
				377-6,
				377-7,
				377-8, and
				377-9, HRS.
(b) The provisions of subchapter
				2 shall govern prohibited practice and
				unfair labor practice 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 4 - PROHIBITED PRACTICES AND UNFAIR LABOR PRACTICES › Section 12-43-61 - Complaint; service of complaint

Current through June,
				2024
(a) Any complaint
				alleging that a person, employee, public employee, exclusive representative,
				employer, or public employer has engaged in a prohibited practice pursuant to
				section 89-13, HRS, or an unfair labor
				practice pursuant to sections
				377-6,
				377-7, or
				377-8, HRS, shall be filed
				within ninety days of the date the complainant knew or should have known of the
				alleged violation, prohibited practice or unfair labor practice.
(b) A claim of prohibited or unfair labor
				practice based upon alleged violation of a collective bargaining agreement
				shall not be brought unless the complainant has exhausted all available
				remedies provided by the collective bargaining agreement, or can show that
				attempting to exhaust would be futile.
(c) A prohibited practice or an unfair labor
				practice complaint shall be prepared on a form furnished by the board, and
				filed with the board. The board shall serve a copy of the complaint upon each
				respondent charged.
(d) The
				complaint shall include the following:
(1) The
				complainant's name, mailing address, email address, and telephone number of the
				petitioner, and sufficient information to allow for electronic filing by, and
				electronic service upon, the complainant or complainant's
				representative;
(2) The name,
				address, email address, and telephone number, if known, of each
				respondent;
(3) Designation of the
				appropriate bargaining unit, if applicable;
(4) Allegations supporting the complaint,
				including specific facts regarding the statutory violations; and
(5) A clear and concise statement of any
				other relevant facts.
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 4 - PROHIBITED PRACTICES AND UNFAIR LABOR PRACTICES › Section 12-43-62 - Amendment of complaint

Current through June,
				2024
The board may permit a complaint to be amended, upon proper
				  motion and for good cause shown, at any time before the issuance of a final
				  order based thereon. An amended complaint replaces the original complaint in
				  its entirety. However, for purposes of timeliness, the amended complaint
				  relates back to the date of filing of the original complaint.
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 4 - PROHIBITED PRACTICES AND UNFAIR LABOR PRACTICES › Section 12-43-63 - Withdrawal of complaint

Current through June,
				2024
A complaint may be withdrawn at any time before the issuance
				  of a final order thereon, upon motion and with the consent of the board.
				  Whenever the board approves withdrawal of the complaint, the case shall be
				  closed.
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 4 - PROHIBITED PRACTICES AND UNFAIR LABOR PRACTICES › Section 12-43-64 - Answer

Current through June, 2024
(a) A respondent shall file an answer to a
				complaint, amended complaint or a motion to dismiss in lieu of answer within
				ten days after service of the complaint, unless otherwise directed by the
				board, and shall serve the answer or motion upon all other parties as reflected
				on an attached certificate of service.
(b) If the charge is believed by a respondent
				to be so vague and indefinite that the respondent cannot reasonably be required
				to frame an answer thereto, the respondent may, within five days after service
				of the complaint, file a motion for particularization of the complaint with the
				board, requesting that the complainant file a statement supplying specific
				information. If the board grants the motion, the complainant shall file with
				the board, and serve the respondent with, the requested particularization
				within five days after service of the board's granting order, unless the board
				directs otherwise. If the complainant fails to timely file and serve the
				particularization, the board may dismiss the complaint. Within five days after
				service of the complainant's particularization, the respondent shall file with
				the board an answer, with certificate of service on all parties, unless the
				board directs otherwise.
(c) The
				answer shall contain the following:
(1) A
				specific admission, denial, or explanation of each allegation of the complaint,
				or, if respondent is without knowledge thereof, the respondent shall so state
				and the statement shall constitute a denial;
(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 of 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 4 - PROHIBITED PRACTICES AND UNFAIR LABOR PRACTICES › Section 12-43-65 - Hearing

Current through June, 2024
The hearing on the merits of a case or a hearing on a
				  dispositive motion shall be held not less than ten nor more than forty days
				  after the filing of a complaint or amended complaint; except that the board may
				  continue the scheduled hearing date to accommodate settlement discussions,
				  discovery, mediation of the dispute, scheduling conflicts, hearings on motions,
				  or other situations that may arise.
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 4 - PROHIBITED PRACTICES AND UNFAIR LABOR PRACTICES › Section 12-43-66 - Decision and order

Current through June, 2024
(a) The board shall prepare a final decision
				setting forth findings of fact, conclusions of law, and order dismissing or
				sustaining the complaint, in whole or in part. Without limiting the board's
				authority to order other appropriate remedies, the board may also require the
				respondent to do any or all of the following: cease and desist from the
				prohibited practice or unfair labor practice found to have been committed;
				suspend the respondent's rights, immunities, privileges, or remedies granted or
				afforded by chapters 89 and
				377, HRS, for a period of time to be
				determined by the board but not to exceed one year; require the respondent to
				take such affirmative action as will effectuate the purpose of chapters
				89 and
				377, HRS, including reinstatement of
				an employee with or without pay as may be deemed proper; and award interest,
				attorney's fees, and costs. The order may further require the respondent to
				make reports to the board showing the extent of compliance.
(b) An employer or an employee who wilfully
				or repeatedly commits unfair or prohibited practices that interfere with the
				statutory rights of an employer or employees, or discriminates against an
				employer or employees for the exercise of protected conduct, is subject to a
				civil penalty of up to $10,000 for each violation.
(c) In determining the amount of any penalty
				under this section, the board shall consider the gravity of the unfair or
				prohibited practice and the impact of the practice on the charging party, on
				other persons seeking to exercise rights guaranteed by section
				377-9, HRS, or on public
				interest.
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 5 - ELECTION OF BARGAINING REPRESENTATIVES IN PUBLIC EMPLOYMENT › Section 12-43-70 - Scope

Current through June, 2024
(a) This subchapter governs procedure
				relating to elections of an exclusive bargaining representative in public
				employment pursuant to sections
				89-6 and
				89-7, HRS.
(b) The provisions of subchapter
				2 shall govern elections of bargaining
				representatives in public employment, 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 5 - ELECTION OF BARGAINING REPRESENTATIVES IN PUBLIC EMPLOYMENT › Section 12-43-71 - Petition for initial selection of exclusive bargaining representative

Current through June, 2024
(a) A petition to initially select an
				exclusive bargaining representative for an appropriate bargaining unit may be
				filed by an employee organization or anyone authorized to act on its
				behalf.
(b) The petition shall be
				prepared on a form furnished by the board.
(c) 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
				address of the public employer involved;
(3) The approximate number of employees in
				the bargaining unit;
(4) A
				description of the appropriate bargaining unit, specifying inclusions and
				exclusions;
(5) The name and
				mailing address of any known employee organization that claims to represent any
				of the public employees in the claimed appropriate bargaining unit;
				and
(6) A clear and concise
				statement of any other relevant facts.
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 5 - ELECTION OF BARGAINING REPRESENTATIVES IN PUBLIC EMPLOYMENT › Section 12-43-72 - Petition for decertification or change in exclusive bargaining representative

Current through June,
				2024
(a) A petition for
				decertification or to change an exclusive bargaining representative may be
				filed by an employee, an employee organization, or anyone authorized to act in
				its behalf.
(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 address of the public employer involved;
(3) The approximate number of employees in
				the bargaining unit;
(4) A
				description of the appropriate bargaining unit, specifying inclusions and
				exclusions;
(5) The name and
				mailing address of any known employee organization that claims to represent any
				of the public employees in the claimed appropriate bargaining unit;
				and
(6) A clear and concise
				statement of any other relevant facts.
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 5 - ELECTION OF BARGAINING REPRESENTATIVES IN PUBLIC EMPLOYMENT › Section 12-43-73 - Showing of interest

Current through June,
				2024
(a) A showing of
				interest shall be established through verifiable written proof of the names and
				signatures of employees.
(b) A
				showing of interest may be filed simultaneously with, or within forty-eight
				hours after, the filing of a petition under this subchapter. For petitions for
				change or decertification, signatures of employees supporting the petition must
				be obtained within two months of the date of the petition to be
				valid.
(c) Upon request, the board
				shall afford interested parties a contested case hearing in its investigation
				of the showing of interest.
(d) An
				employee organization shall be regarded as satisfying the showing of interest
				requirement as an intervenor if it is the exclusive bargaining representative,
				or if it is a party to the most recently expired collective bargaining
				agreement covering the employees in the petitioned 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 5 - ELECTION OF BARGAINING REPRESENTATIVES IN PUBLIC EMPLOYMENT › Section 12-43-74 - Withdrawal of petition

Current through June,
				2024
A petition may be withdrawn with the approval of the board
				  under the conditions as the board may impose to effectuate the policies of
				  chapter 89, HRS.
				  Whenever the board approves withdrawal of any petition, the case shall be
				  closed.
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 5 - ELECTION OF BARGAINING REPRESENTATIVES IN PUBLIC EMPLOYMENT › Section 12-43-75 - Notice of pending petition

Current through June,
				2024
Upon the filing of a petition under this subchapter, notice
				  thereof, including the date when the petition was filed, the name and mailing
				  address of the petitioner, the name and address of the public employer
				  involved, and the appropriate bargaining unit shall be posted on a public
				  docket to be maintained by the board at its office. Written notice of the
				  petition shall be sent to the public employer and exclusive bargaining
				  representative, if any, of the 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 5 - ELECTION OF BARGAINING REPRESENTATIVES IN PUBLIC EMPLOYMENT › Section 12-43-76 - Investigation

Current through June, 2024
(a) After the filing of a petition, the board
				shall conduct an investigation.
(b)
				The purpose of the investigation shall be to resolve the following:
(1) Whether the showing of interest
				requirement under this subchapter has been satisfied;
(2) Whether more than one employee
				organization seeks to represent the employees in the appropriate bargaining
				unit;
(3) Whether there is
				agreement among the parties as to the composition of the appropriate bargaining
				unit; and
(4) Whether the parties
				desire to enter into a stipulation for a consent election.
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 5 - ELECTION OF BARGAINING REPRESENTATIVES IN PUBLIC EMPLOYMENT › Section 12-43-77 - Stipulation for consent election

Current through June,
				2024
The stipulation for consent election shall be prepared and
				  signed by the parties subject to the approval 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 5 - ELECTION OF BARGAINING REPRESENTATIVES IN PUBLIC EMPLOYMENT › Section 12-43-78 - List of eligible voters

Current through June, 2024
Upon request from the board, the public employer shall submit
				  to the board a list of names and mailing addresses of all employees in the
				  appropriate bargaining unit who are eligible to vote, not less than ten days
				  before the scheduled date of election. Subject to chapter
				  92F, HRS, as the same may be amended,
				  the board shall treat the addresses of employees as
				  confidential.
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 5 - ELECTION OF BARGAINING REPRESENTATIVES IN PUBLIC EMPLOYMENT › Section 12-43-79 - Notice of hearing

Current through June,
				2024
Subject to section
				  89-7(a), HRS,
				  regarding a showing of interest hearing requirement, if it appears to the board
				  after an investigation that a hearing is warranted, the board shall issue
				  written notice of hearing upon the parties. The initial notice of hearing may
				  be served electronically, personally or by first class mail, and shall conform
				  to section
				  12-43-27. The board 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 5 - ELECTION OF BARGAINING REPRESENTATIVES IN PUBLIC EMPLOYMENT › Section 12-43-80 - Hearing

Current through June, 2024
The procedures for hearing shall be governed by the
				  provisions of subchapter
				  2.
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 5 - ELECTION OF BARGAINING REPRESENTATIVES IN PUBLIC EMPLOYMENT › Section 12-43-81 - Notice of election

Current through June,
				2024
(a) The public
				employer shall post notices of election, on forms furnished by the board, where
				notices are normally posted affecting all employees in the appropriate
				bargaining unit not less than seven days before the scheduled date of
				election.
(b) The public employer
				shall certify to the board that the notices of election have been posted as
				required.
(c) The reproduction of
				any document purporting to be a copy of the board's official ballot, other than
				one completely unaltered in form and content and clearly marked 'Sample" on its
				face, which suggests either directly or indirectly to public employees that the
				board endorses a particular choice, may constitute grounds for setting aside an
				election upon objections properly filed.
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 5 - ELECTION OF BARGAINING REPRESENTATIVES IN PUBLIC EMPLOYMENT › Section 12-43-82 - Election procedure

Current through June,
				2024
(a) All elections
				shall be by secret ballot.
(b) Any
				party may be represented at the polling places by observers selected in
				accordance with the conditions as the board may prescribe.
(c) Any authorized observer or the board's
				agent may challenge, for good cause, the eligibility of any person to
				participate in the election.
(d)
				The ballots of the challenged persons shall be impounded.
(e) If the challenged ballots are
				insufficient in number to affect the result of the election, the challenged
				ballots shall not be counted.
(f)
				If the challenged ballots are sufficient in number to affect the results of the
				election, the board shall conduct an investigation and, if appropriate and as
				may be required by chapter
				91, HRS, conduct a 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 5 - ELECTION OF BARGAINING REPRESENTATIVES IN PUBLIC EMPLOYMENT › Section 12-43-83 - Objections to the conduct of election

Current through June,
				2024
(a) Within five days
				after the tally of ballots has been furnished, any party may file with the
				board a statement of objections to the conduct of the election or conduct
				affecting the results of the election, with proof of service on all parties.
				The statement shall be timely filed whether or not challenged ballots, if any,
				are sufficient in number to affect the results of the election.
(b) Upon the filing of a statement of
				objections, the board shall conduct an investigation and, if appropriate and as
				may be required by chapter
				91, HRS, conduct a hearing.
(c) An answer shall be filed with the board,
				and served upon all other parties, within five days after service of the
				statement of objections. The answer shall contain a brief statement of facts
				refuting the objections.
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 5 - ELECTION OF BARGAINING REPRESENTATIVES IN PUBLIC EMPLOYMENT › Section 12-43-84 - Runoff election

Current through June,
				2024
(a) In any election
				where none of the choices on the ballot receives a majority of the votes cast,
				and no objections have been timely filed, the board shall conduct a runoff
				election.
(b) The ballot in the
				runoff election shall provide for a selection between the two choices receiving
				the largest number of valid ballots cast.
(c) The board may, in its discretion,
				maintain the same eligibility date or establish a new eligibility
				date.
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 5 - ELECTION OF BARGAINING REPRESENTATIVES IN PUBLIC EMPLOYMENT › Section 12-43-85 - Hearing on challenges or objections

Current through June,
				2024
Except as otherwise provided in this subchapter, the
				  procedure for hearing on challenges or objections shall be governed by the
				  provisions of subchapter
				  2.
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 5 - ELECTION OF BARGAINING REPRESENTATIVES IN PUBLIC EMPLOYMENT › Section 12-43-86 - Certification of new election results

Current through June,
				2024
(a) If the board
				overrules a challenge, each challenged ballot shall be opened and counted, and
				the board shall issue a revised tally of votes and issue a certification of the
				results of the election and a certification of exclusive bargaining
				representative.
(b) If the board
				overrules the objections to the conduct of the election or the conduct
				affecting the results of the election, the board shall issue a certification of
				the results of the election and a certification of exclusive
				representative.
(c) If the board
				sustains the challenge or objections, the board shall direct a new election to
				be held when it deems appropriate.
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 5 - ELECTION OF BARGAINING REPRESENTATIVES IN PUBLIC EMPLOYMENT › Section 12-43-87 - Conclusive determination

Current through June,
				2024
Decisions and orders of the board relating to determinations
				  on any controversy concerning the eligibility of an employee to vote or
				  concerning the designated dates, times, and places for the election shall be
				  conclusive.
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 6 - CLARIFICATION OF BARGAINING UNIT › Section 12-43-100 - Scope

Current through June, 2024
This subchapter governs the procedure relating to the
				  clarification of bargaining units pursuant to section
				  89-6, 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 6 - CLARIFICATION OF BARGAINING UNIT › Section 12-43-101 - Petition

Current through June, 2024
(a) A petition for clarification of an
				appropriate bargaining unit or amendment of certification may be filed by the
				affected exclusive bargaining representative, public employer, or public
				employee at any time.
(b) The
				exclusive bargaining representative, public employer, or public employee shall
				file a petition where a position is to be excluded from collective bargaining
				on the basis that it is a top-level managerial and administrative position or
				involved with confidential matters affecting employee-employer relations; where
				a new class is established and assigned to a bargaining unit; where a new
				bargaining unit is established by law; or where there is controversy as to the
				appropriate bargaining unit status of a position.
(c) The petition shall be prepared on a form
				furnished by the board.
(d) 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
				public employer and exclusive bargaining representative involved, and the name
				and telephone number of their principal representatives to be contacted, if
				known;
(3) A description of the
				appropriate bargaining unit;
(4)
				The proposed clarification or amendment;
(5) A statement setting forth reasons why
				clarification or amendment is requested;
(6) Whether the affected public employer and
				exclusive bargaining representative agree or disagree with the bargaining unit
				designation; and
(7) A clear and
				concise statement of any other relevant facts.
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 6 - CLARIFICATION OF BARGAINING UNIT › Section 12-43-102 - Procedure

Current through June, 2024
Where it appears to the satisfaction of the board that there
				  is no dispute among the interested parties, the board may issue its decision
				  without further proceedings.
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 12-43-110 - Scope

Current through June, 2024
This subchapter governs the general procedures relating to
				  mediation and arbitration in labor disputes pursuant to section
				  89-11, 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 12-43-111 - Policy

Current through June, 2024
It is the policy of the board to encourage parties to any
				  labor dispute to voluntarily settle their differences; however, if the parties
				  are unable to resolve their differences, the board shall assist the parties as
				  required by law in resolving any labor dispute through mediation or arbitration
				  to promote cooperative relations between government and its employees and to
				  protect the public by assuring effective and orderly operations of
				  government.
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 12-43-112 - Notice of impasse

Current through June,
				2024
(a) More than
				ninety days after written notice by either party to initiate negotiations,
				either party may give written notice to the board that an impasse exists by
				filing with the board a notice of impasse, with proof of service upon all
				parties. The notice of impasse shall contain the following:
(1) A description of the appropriate
				bargaining unit and the approximate number of employees in the unit;
(2) The dates and duration of negotiation
				sessions;
(3) The termination date
				of the current agreement, if any;
(4) Whether the request is a joint
				request;
(5) Whether the parties
				have agreed on an alternate impasse procedure; and
(6) A clear and concise statement of any
				other relevant facts.