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

The board, upon motion or its own initiative, may consolidate for hearing or other purposes, or may contemporaneously consider, two or more proceedings which involve substantially the same parties or issues or arise out of the same general transaction, if it finds that the consol…

(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. (…

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…

(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 electr…

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 det…

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…

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). Notes Haw. Code R. § 12-43-205 Eff 10/21/2022 (Auth: HRS § 377-11) (Imp: HRS § 377-5)

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 up…

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 mar…

(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 el…

(a) A petition for decertification may be filed by an employee, an employee organization, or anyone authorized to act in its behalf. (b) The petition shall be prepared on a form furnished by the board, and filed with the board. (c) The petition shall include the following: (1) Th…

(a) An application for relief or order shall be made by motion, which, unless made during a hearing, shall be made in writing, accompanied by declarations and memoranda setting forth with particularity the grounds therefor, and shall set forth the relief or order sought. The boar…

(a) A pleading or document filed in a proceeding may be amended, at the discretion of the board, at any time before the board's disposition of that pleading or document. (b) If a document is not in substantial conformity with the applicable rules of the board as to the format or …

This subchapter governs the procedure relating to all-union agreements defined in section 377-1, HRS. Notes Haw. Code R. § 12-43-220 Eff 10/21/2022 (Auth: HRS § 377-11) (Imp: HRS § 377-5)

An employer may enter into an all-union agreement with the bargaining representative of the employees in a collective bargaining unit, unless the board has certified that a majority of employees has acted to rescind the authority of the bargaining representative to negotiate an a…

(a) A petition to rescind the authority of a labor organization to make an all-union agreement requiring membership in the labor organization as a condition of employment may be filed by an employee or group of employees on behalf of thirty per cent or more of the employees in a …

Where a petition has been filed and the petitioner has made an appropriate showing to the board that thirty per cent or more of the employees within the unit covered by the agreement desire to rescind the authority of the labor organization to make an agreement, the board shall c…

The hearing shall be governed pursuant to the applicable provisions in subchapter 2. Notes Haw. Code R. § 12-43-224 Eff 10/21/2022 (Auth: HRS § 377-11) (Imp: HRS § 377-5)

The election shall be governed insofar as applicable by the provisions of subchapters 6 and 14. Notes Haw. Code R. § 12-43-225 Eff 10/21/2022 (Auth: HRS § 377-11) (Imp: HRS § 377-5)

(a) In proceedings pursuant to chapter 396, HRS, the nature and extent of discovery will be controlled by the Hawaii Rules of Civil Procedure applicable to that form of discovery and may commence upon the filing of the notice of contest. (b) In proceedings other than appeals purs…

This subchapter governs conciliation and facilitating initial collective bargaining agreements in private employment pursuant to chapter 377, Hawaii Revised Statutes. Notes Haw. Code R. § 12-43-230 Eff 10/21/2022 (Auth: HRS § 377-11) (Imp: HRS §§ 377-3, 377-4.7)

An individual or labor organization that has been newly organized or certified as the exclusive representative may submit to the employer a written request to bargain over an initial collective bargaining agreement. Within ten days after the employer's receipt of the request to b…

More than ninety days after the date on which bargaining over an initial collective bargaining agreement commenced, or such additional period as the parties agree upon, if the parties have failed to reach an agreement, either party may notify the board of the dispute by filing a …

The notice of dispute shall contain the following: (1) The names, addresses, telephone numbers, and email addresses of the parties to the dispute and their principal representatives; (2) A description of the appropriate unit and the approximate number of employees constituting th…

Upon receiving notice of a labor dispute regarding the failure to reach an initial collective bargaining agreement involving a newly organized or certified representative, or upon receiving information that any other labor dispute within the board's jurisdiction exits, the board …

If the board determines that the labor dispute is within its jurisdiction and that the possibility of settlement and termination of the dispute may be increased by conciliation, the board shall notify the governor, who shall immediately appoint a conciliator. The governor shall s…

(a) The conciliator shall perform conciliation duties under the guidance of the board and shall report any findings to the board. (b) If the dispute involves the failure to reach an initial collective bargaining agreement involving a newly organized or certified representative, t…

(a) Any information disclosed by the parties to the conciliator in the performance of such conciliator's duties shall not be divulged voluntarily or by compulsion. (b) All files, records, reports, or other papers received or prepared by a conciliator while serving in such capacit…

The conciliator shall, either orally or in writing, report the progress of conciliation efforts, as well as the terms of the termination or resolution of the dispute, if any, when so requested by the board. Notes Haw. Code R. § 12-43-238 Eff 10/21/2022 (Auth: HRS § 377-11) (Imp: …

(a) Two members of the arbitration panel shall be selected by the parties; one shall be selected by the employer and one shall be selected by the exclusive representative. The neutral third member of the arbitration panel, who shall chair the arbitration panel, shall be selected …

(a) The board may order that a prehearing or status conference be conducted and attended by all parties to the proceeding, either in person or by remote access, as determined by the board.(1) The purpose of a prehearing or status conference is to discuss the case, in whole or in …

The arbitration panel shall issue all findings and a decision settling the dispute, which shall be binding upon the parties for a two-year period, unless amended during that period by written consent of the parties, which shall be served upon all parties. Notes Haw. Code R. § 12-…

The costs and expenses for services performed by neutrals under this subchapter, including the conciliator and 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 pa…

(a) Upon written notification to the board by the employer or exclusive representative of the execution of an initial collective bargaining agreement, where a request was made to the board for conciliation, or upon the board's own knowledge and information, the board shall issue …

(a) To the extent provided by law, the board may encourage parties to a contested case hearing under chapter 91, HRS, to participate in mediation before the hearing. The board may suspend all further proceedings in the contested case pending the outcome of the mediation. (b) No m…

When a complaint is filed with the board pursuant to section 380-14(b) and (c), HRS, and after conducting the preliminary investigation provided for in this section, the board may petition any circuit court of the State within any circuit where the unfair labor practice is allege…

Whenever it is charged that a person has engaged in an unfair labor practice within the meaning of section 377-7(5), (6), (7), (8), and (9), HRS, the board shall conduct a preliminary investigation and the investigation shall be given priority over all other cases except cases of…

The preliminary investigation shall be conducted by the board in the manner and at the places as shall be deemed suitable and appropriate under the circumstances with due regard for the purpose and intent of section 380-14(b) and (c), HRS. The preliminary investigation may be con…

If, after investigation, the board has reasonable cause to believe that the charges contained in the complaint are true, it shall petition any circuit court of the State within any circuit where the alleged unfair labor practice in question has occurred, or is alleged to have occ…

Whenever temporary relief or a restraining order has been obtained by the board pursuant to section 380-14(b) and (c), HRS, the complaint which had been the basis for such temporary relief or restraining order shall be given priority by the board over all other cases except cases…

Upon the hearing on the complaint giving rise to the temporary relief or restraining order pursuant to section 380-14(b) and (c), HRS, if the board dismisses the complaint, in whole or in part, the board shall promptly suggest to the circuit court which issued the temporary relie…

In any proceeding, the parties may agree to a statement of facts to be introduced into the record with respect to any issue. The board may accept an agreed statement of facts without a hearing on the merits. The parties to an agreed statement of facts may stipulate to waive the h…

This subchapter governs the general procedure relating to rulemaking by the board pursuant to sections 89-5, 91-3, 91-6, 377-11, and 396-11.5, HRS. Notes Haw. Code R. § 12-43-260 Eff 10/21/2022 (Auth: HRS §§ 89-5, 377-11, 396-11.5) (Imp: HRS §§ 89-5, 91-3, 377-11, 396-11.5)…

(a) Any employee, public employee, employee organization, employer, public employer, or interested person or organization may petition the board for adoption, amendment, or repeal of any rule of the board. (b) The petition need not be in any special form but it shall contain the …

The board shall, within the time frame set forth in section 91-6, HRS, either deny the petition in writing, stating its reasons for such denial, or initiate proceedings in accordance with section 91-3, HRS, and the procedures provided in this subchapter for the adoption, amendmen…

(a) The public hearing on the proposed adoption, amendment, or repeal of any rule shall be held at the time and place set forth in the notice of public hearing but that time and place may be continued from day to day or adjourned to a later day or to a different place without not…

The board may render its decision at the public hearing or at a later time. The board, upon request of any interested person or agency, shall issue a concise statement of the principal reasons for its decision. In making its decision, the board shall consider all written and oral…