HAR 12-43 — RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD (Subchapter 1 to 18)

As used in these administrative rules, "the board" refers to the Hawaii labor relations board created by section 89-5, HRS. This chapter governs procedures before the board under chapters 89, 377, and 396, HRS, and other statutes as may be administered by the board. The board may…

(a) The board shall maintain lists of qualified persons, broadly representative of the public, to serve as mediators or arbitrators, as required by chapter 89, HRS. (b) The public employers and employee organizations may submit in writing the names of proposed mediators and arbit…

This subchapter governs the procedure relating to the clarification of bargaining units pursuant to section 89-6, HRS. Notes Haw. Code R. § 12-43-100 Eff 10/21/2022 (Auth: HRS §§ 89-5, 89-6) (Imp: HRS § 89-6)

(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 pub…

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. Notes Haw. Code R. § 12-43-102 Eff 10/21/2022 (Auth: HRS § 89-5) (Imp: HRS § 89-6)

This subchapter governs the general procedures relating to mediation and arbitration in labor disputes pursuant to section 89-11, HRS. Notes Haw. Code R. § 12-43-110 Eff 10/21/2022 (Auth: HRS § 89-5) (Imp: HRS §8 9-11)

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…

(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 cont…

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…

(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), facu…

(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 t…

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…

(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 oc…

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 col…

(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 b…

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 t…

(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…

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 agree…

(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 di…

(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 empl…

(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 r…

(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 modi…

(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 represe…

(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…

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) 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, resp…

(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 a…

(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 adm…

The board may dismiss the petition, or order the employee organization or representative to make available to its members a certified written financial statement. Notes Haw. Code R. § 12-43-153 Eff 10/21/2022 (Auth: HRS §§ 89-5, 377-11) (Imp: HRS §§ 89-15, 377-10)

This subchapter governs the general practice and procedure relating to contested case proceedings before the board, pursuant to chapters 89, 91, 377, and 396, HRS. Notes Haw. Code R. § 12-43-16 Eff 10/21/2022 (Auth: HRS §§ 89-5, 377-11, 396-11.5) (Imp: HRS §§ 89-5, 377-11, 396-11…

This subchapter governs the general procedures for the resolution of any dispute concerning cost items pursuant to section 89-5, HRS. Notes Haw. Code R. § 12-43-160 Eff 10/21/2022 (Auth: HRS § 89-5) (Imp: HRS § 89-5)

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 th…

(a) An employee, public employee, or other individual who is a party to a proceeding may appear on the person's own behalf; an employee organization may be represented by a person or persons duly designated and authorized by the employee organization; and an employer or public em…

This subchapter governs the filing of all reference materials pertaining to public employee-management relations pursuant to section 89-5, HRS. Notes Haw. Code R. § 12-43-170 Eff 10/21/2022 (Auth: HRS § 89-5) (Imp: HRS § 89-5)

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 agreeme…

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 employe…

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. Notes Haw…

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 organiz…

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. Notes Haw. Code R. § 12-43-175 Eff 10/21/2022 (Auth: HRS § 89-5) (Imp: HRS § 89-5)

(a) Contemptuous conduct during any hearing or proceeding shall be grounds for summary exclusion from the hearing or proceeding. (b) Contemptuous conduct, if of an aggravating character and engaged in by an attorney or other representative of a party, shall be grounds for suspens…

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. Notes Haw. Code R. § 12-43-180 Eff 10/21/2022 (Auth: HRS §§ 377-4.6, 377-11) (Imp: HRS …

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…

(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 representativ…

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…

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,…

(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 add…

(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 …

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 ti…

(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 o…

(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 representat…