§89-5 Hawaii labor relations board. (a) There is created a Hawaii labor relations board to ensure that collective bargaining is conducted in accordance with this chapter and that the merit principle under section 76-1 is maintained.
(b) The board shall be composed of three members of which one member shall be representative of management, one member shall be representative of labor, and the third member, the chairperson, shall be representative of the public. All members shall be appointed for terms of six years each in accordance with the following procedures:
(c) Each member shall hold office until the member's successor is appointed and qualified. Because cumulative experience and continuity in office are essential to the proper administration of this chapter, it is declared to be in the public interest to continue board members in office as long as efficiency is demonstrated, notwithstanding the provision of section 26-34, which limits the appointment of a member of a board or commission to two terms.
(d) The members shall devote full time to their duties as members of the board. Effective July 1, 2005, the chairperson of the board shall be paid a salary set at eighty-seven per cent of the salary of the director of labor and industrial relations, and the salary of each of the other members shall be ninety-five per cent of the chairperson's salary. No member shall hold any other public office or be in the employment of the State or a county, or any department or agency thereof, or any employee organization during the member's term.
(e) Any action taken by the board shall be by a simple majority of the members of the board. All decisions of the board shall be reduced to writing and shall state separately its finding of fact and conclusions. Any vacancy in the board shall not impair the authority of the remaining members to exercise all the powers of the board. The governor may appoint an acting member of the board in accordance with the procedures established in subsection (b) during the temporary absence from the State, temporary inability to act due to recusal, or illness of any regular member. An acting member, during the acting member's term of service, shall have the same powers and duties as the regular member; provided that subsection (d) shall not apply to an acting member and an acting member appointed due to a regular member's recusal shall be appointed for the case in which the recusal occurred, and the acting member's appointment shall terminate when the final decision is filed or the case is withdrawn.
(f) The chairperson of the board shall be responsible for the administrative functions of the board. The board may appoint an executive officer, attorneys, paralegals, mediators, arbitrators, and hearing officers, and other personnel as it may deem necessary in the performance of its functions, prescribe their duties, and fix their compensation and provide for reimbursement of actual and necessary expenses incurred by them in the performance of their duties within the amounts made available by appropriations therefor. Section 28-8.3 notwithstanding, any attorney employed by the board as a full-time, part-time, or contract staff member may represent the board in litigation, draft legal documents for the board, and provide other necessary legal services to the board and shall not be deemed to be a deputy attorney general.
(g) The board shall be within the department of labor and industrial relations for budgetary and administrative purposes only. All members of the board and employees other than clerical and stenographic employees shall be exempt from chapters 76 and 89. Clerical and stenographic employees shall be appointed in accordance with chapter 76.
(h) At the close of each fiscal year, the board shall make a written report to the governor on its activities, including the cases and their dispositions, and the names, duties, and salaries of its officers and employees. Copies of the report shall be transmitted to the other chief executives, the exclusive representatives, and the legislative body of each jurisdiction.
(i) In addition to the powers and functions provided in other sections of this chapter, the board shall:
(j) For the purpose of minimizing travel and per diem expenses for parties who are not located on Oahu, the board shall utilize more cost efficient means such as teleconferencing which does not require appearances on Oahu, whenever practicable, to conduct its proceedings. Alternatively, it shall consider conducting its proceedings on another island whenever it is more cost efficient in consideration of the parties and the witnesses involved. [L 1970, c 171, pt of §2; am L 1971, c 49, §1; am L 1974, c 17, §1 and c 116, §2; am L 1975, c 58, §11; am L 1976, c 41, §1; am L 1978, c 196, §1; am L 1982, c 129, §3; am L 1983, c 10, §1 and c 11, §1; am L 1985, c 251, §4; gen ch 1985; am L 1986, c 128, §3; am L 1989, c 329, §2; am L 1990, c 140, §3; am L Sp 1993, c 8, §53; am L 2000, c 253, §95; am L 2001, c 55, §5; am L 2002, c 232, §1; am L 2005, c 226, §3; am L 2012, c 49, §1; am L 2013, c 95, §1; am L 2014, c 8, §1 and c 74, §1; am L 2019, c 231, §1; am L 2023, c 260, §1]