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

(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 cert…

(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 …

(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 fil…

(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 rece…

Except as otherwise provided in this subchapter, the procedure for hearing on challenges or objections shall be governed by the provisions of subchapter 2. Notes Haw. Code R. § 12-43-85 Eff 10/21/2022 (Auth: HRS § 89-5) (Imp: HRS §§ 89-6, 89-7)

(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 ove…

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. Notes Haw. Code R. § 12-43-87 Eff 10/21/2022 (Auth: HRS § …

Unless otherwise provided by statute or law, the board may upon its own initiative, or upon motion by a party showing good cause, extend the time within which any action shall be taken at the request of any party. A party requesting an extension of time shall file a motion with a…