Bill Text: HI HB1206 | 2017 | Regular Session | Introduced
Bill Title: Relating To The Hawaii Labor Relations Board.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-14 - The committee(s) on LAB recommend(s) that the measure be deferred. [HB1206 Detail]
Download: Hawaii-2017-HB1206-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1206 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII LABOR RELATIONS BOARD.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 89, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§89- Proposed findings and conclusions; request for draft decision on issue of law. (a) The board may require the party who prevails after the presentation of evidence in a hearing to submit proposed findings of fact and conclusions of law. The party required to prepare proposed findings of fact and conclusions of law shall have fourteen days, unless the time is extended by the board, to draft the same and secure the approval as to form of opposing parties thereon. If the form of the proposed findings of fact and conclusions of law has not been approved, a party served with the proposed findings and conclusions may, within seven days after service of the proposed findings of fact and conclusions of law, serve and deliver to the prevailing party and the board objections and a copy of the objecting party's proposed findings and conclusions. The board shall determine the findings of fact and conclusions of law to be entered.
If after the conclusion of all testimony in the case, and after the submission thereof, the board does not indicate which party has prevailed in the action, the respective parties involved may be requested to submit proposed findings of fact and conclusions of law.
(b) The prevailing party shall deliver the original to the board, or, if not so approved, serve a copy thereof upon each party who has appeared in the action and deliver the original to the board.
(c) Whenever the board proposes to file a written decision on any motion or issue of law, it may at any time order one or more of the parties to submit to the board and serve on all other parties a draft decision within fourteen days of the order. In such event, the board shall advise all parties of its action. The opposing parties shall have seven days to present comments with respect thereto to the board and serve on the drafting party. The failure of any party to submit comments with respect to any such draft shall not affect the right of such party to appeal from any judgment incorporated in or based on the decision as issued."
SECTION 2. Chapter 377, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§377- Proposed findings and conclusions; request for draft decision on issue of law. (a) The board may require the party who prevails after the presentation of evidence in a hearing to submit proposed findings of fact and conclusions of law. The party required to prepare proposed findings of fact and conclusions of law shall have fourteen days, unless the time is extended by the board, to draft the same and secure the approval as to form of opposing parties thereon. If the form of the proposed findings of fact and conclusions of law has not been approved, a party served with the proposed findings and conclusions may, within seven days after service of the proposed findings of fact and conclusions of law, serve and deliver to the prevailing party and the board objections and a copy of the objecting party's proposed findings and conclusions. The board shall determine the findings of fact and conclusions of law to be entered.
If after the conclusion of all testimony in the case, and after the submission thereof, the board does not indicate which party has prevailed in the action, the respective parties involved may be requested to submit proposed findings of fact and conclusions of law.
(b) The prevailing party shall deliver the original to the board, or, if not so approved, serve a copy thereof upon each party who has appeared in the action and deliver the original to the board.
(c) Whenever the board proposes to file a written decision on any motion or issue of law, it may at any time order one or more of the parties to submit to the board and serve on all other parties a draft decision within fourteen days of the order. In such event, the board shall advise all parties of its action. The opposing parties shall have seven days to present comments with respect thereto to the board and serve on the drafting party. The failure of any party to submit comments with respect to any such draft shall not affect the right of such party to appeal from any judgment incorporated in or based on the decision as issued."
SECTION 3. Chapter 396, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§396- Proposed findings and conclusions; request for draft decision on issue of law. (a) The appeals board may require the party who prevails after the presentation of evidence in a hearing to submit proposed findings of fact and conclusions of law. The party required to prepare proposed findings of fact and conclusions of law shall have fourteen days, unless the time is extended by the appeals board, to draft the same and secure the approval as to form of opposing parties thereon. If the form of the proposed findings of fact and conclusions of law has not been approved, a party served with the proposed findings and conclusions may, within seven days after service of the proposed findings of fact and conclusions of law, serve and deliver to the prevailing party and the appeals board objections and a copy of the objecting party's proposed findings and conclusions. The appeals board shall determine the findings of fact and conclusions of law to be entered.
If after the conclusion of all testimony in the case, and after the submission thereof, the appeals board does not indicate which party has prevailed in the action, the respective parties involved may be requested to submit proposed findings of fact and conclusions of law.
(b) The prevailing party shall deliver the original to the appeals board, or, if not so approved, serve a copy thereof upon each party who has appeared in the action and deliver the original to the appeals board.
(c) Whenever the appeals board proposes to file a written decision on any motion or issue of law, it may at any time order one or more of the parties to submit to the appeals board and serve on all other parties a draft decision within fourteen days of the order. In such event, the appeals board shall advise all parties of its action. The opposing parties shall have seven days to present comments with respect thereto to the appeals board and serve on the drafting party. The failure of any party to submit comments with respect to any such draft shall not affect the right of such party to appeal from any judgment incorporated in or based on the decision as issued."
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Hawaii Labor Relations Board; Decisions and Orders
Description:
Allows the Hawaii Labor Relations Board (Board) to request parties appearing before the board to submit proposed findings of fact and conclusions of law and a draft decision on any motion or issue of law.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
