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

The board may at any time, on its own initiative, institute proceedings in accordance with section 91-3, HRS, and the procedures provided herein for the adoption, amendment, or repeal of rules. Notes Haw. Code R. § 12-43-265 Eff 10/21/2022 (Auth: HRS §§ 89-5, 377-11, 396-11.5) (I…

The board may adopt emergency rules pursuant to the requirements of sections 91-3 and 91-4, HRS. The board's determination that there is imminent peril and the reasons therefor shall be stated in, and made part of the emergency rule. The board shall make the emergency rule known …

(a) All hearings shall be conducted by the board or a duly appointed hearings officer. (b) Hearings shall be open to the public, except for hearings under chapter 396, HRS, unless otherwise provided by this chapter, or order, for good cause, by the board. Unless otherwise provide…

Unless otherwise provided by statute or these rules, all parties shall be given written notice of the hearing on the merits electronically or by first class mail at least fifteen days before the hearing. Notes Haw. Code R. § 12-43-28 Eff 10/21/2022 (Auth: HRS §§ 89-5, 377-11, 396…

Unless otherwise ordered by the board, or stipulated to by the parties with the board's approval, all hearings shall proceed as follows: (1) The parties shall have the opportunity to make opening statements before any evidence is presented, unless they waive that opportunity. The…

(a) The office of the board is at 830 Punchbowl Street, Room 434, Honolulu, Hawaii, 96813, or such other address where the board is located. Unless otherwise specifically directed, all written communications to the board shall be sent to this address. (b) The office of the board …

(a) The board may issue subpoenas or subpoenas duces tecum to require the attendance of witnesses in the State and the production of books and papers before or at a hearing held under the provisions of this chapter. (b) Any party may file an application for subpoena with the boar…

(a) All witnesses shall appear in person or by remote access, as determined by and at the discretion of the board, and shall be examined under oath or affirmation. All witnesses subpoenaed by a party shall be paid by that party the same witness and mileage fees as witnesses in th…

(a) In any proceeding before the board, the board shall not be bound by the technical rules of evidence, and all relevant oral or documentary evidence shall be admitted. (b) All irrelevant, immaterial, or unduly repetitious evidence shall be excluded. (c) The board shall give eff…

(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 und…

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…

(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 ma…

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 …

(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 nec…

(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. Interloc…

(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 part…

(a) The term "government record," as used in this chapter, shall be as defined in section 92F-3, HRS. (b) All of the board's government records shall be available for inspection in the office of the board during established office hours, in accordance with and subject to the limi…

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 o…

(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 arrang…

(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 electronical…

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, …

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 an…

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.…

(a) All documents submitted to be filed with the board for a case are subject to the following requirements. (b) General provisions applicable to all parties.(1) Form of documents.(A) All documents filed with the board shall be legible when printed on letter-size or A4 paper meas…

(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 boa…

(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…

(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 argu…

(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. Notes Haw. Code R. § 12-43-53 Eff 10/21/2022 (Auth: HRS §§…

(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 rec…

(a) All documents filed with or submitted to and accepted by the board shall be retained in the files of the board in such form or format as allowed in section 92-29, HRS, which copy, whether a photograph, microphotograph, reproduction on film or electronic copy, shall be an orig…

(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 …

(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 …

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 comp…

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. Notes Haw. Code R. § 12-43-63 Eff 10/21/2022 (Auth: HRS §§ 89-5…

(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 …

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 discussi…

(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 respo…

(a) Notwithstanding any other rule to the contrary, a party shall not include: (1) confidential information, including the information enumerated in section 92F-14, HRS, in which an individual may have a significant privacy interest; and (2) any personal information, as defined i…

(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…

(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 s…

(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, a…

(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 f…

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. Notes Haw. Code R. § 12-43-74 Eff 10/21/2022 (A…

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 publ…

(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 organ…

The stipulation for consent election shall be prepared and signed by the parties subject to the approval of the board. Notes Haw. Code R. § 12-43-77 Eff 10/21/2022 (Auth: HRS § 89-5) (Imp: HRS §§ 89-6, 89-7)

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…

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 elect…

In computing any period of time prescribed or allowed by these rules or by order of the board, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed…

The procedures for hearing shall be governed by the provisions of subchapter 2. Notes Haw. Code R. § 12-43-80 Eff 10/21/2022 (Auth: HRS § 89-5) (Imp: HRS §§ 89-6, 89-7)