Bill Text: HI SB2896 | 2016 | Regular Session | Amended
Bill Title: Hawaii Employment Relations Act; Prevention of Unfair Labor Practices
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-07-01 - Act 191, 07/01/2016 (Gov. Msg. No. 1293). [SB2896 Detail]
Download: Hawaii-2016-SB2896-Amended.html
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THE SENATE |
S.B. NO. |
2896 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO THE PREVENTION OF UNFAIR LABOR PRACTICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 377-9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Any party in interest may file with
the board a written complaint, on a form provided by the board, charging any
person with having engaged in any specific unfair labor practice. The board
shall serve or require the complainant to serve a copy of the complaint
upon the person charged, hereinafter referred to as the respondent. If the
board has reasonable cause to believe that the respondent is a member of or
represented by a labor union, then service upon an officer of the union shall
be deemed to be service upon the respondent. Service may be by delivery to the
person, or by mail or [by telegram.] electronic service through a
company designated by the board, to the person's last known address. Any other person claiming interest in
the dispute or controversy, as an employer, an employee or their
representative, shall be made a party upon proof of the interest. The board
may bring in additional parties by service of a copy of the complaint. Only
one complaint shall issue against a person with respect to a single
controversy, but any complaint may be amended in the discretion of the board at
any time prior to the issuance of a final order based thereon. The respondent
may file an answer to the original or amended complaint but the board may find
to be true any allegation in the complaint in the event either no answer is
filed or the answer neither specifically denies nor explains the allegation nor
states that the respondent is without knowledge concerning the allegation. The
respondent shall have the right to appear in person or otherwise give testimony
at the place and time fixed in the notice of hearing. The hearing on the
complaint shall be before either the board or a hearings officer of the board,
as the board may determine.
The board shall fix a time for the hearing on
the complaint, which shall be not less than ten nor more than forty days after
the filing of the complaint or amendment thereof[, and notice shall be given
to each party by service on the party personally or by mailing a copy thereof
to the party at the party's last known post office address at least ten days
before the hearing]. Notwithstanding section 91-9.5, in any hearing
conducted by the board, all parties shall be given written notice of the
hearing by first class mail or by electronic service through a company
designated by the board at least fifteen days before the scheduled date of the
hearing. In case a party in interest is located without the State and has
no known [post office] address within the State[,] and no
known electronic mail address, a copy of the complaint and copies of
all notices shall be filed in the office of the lieutenant governor and shall
also be sent by [registered] first class mail to the last known [post
office] address of the party. Such filing and mailing shall constitute
sufficient service with the same force and effect as if served upon a party
located within the State. The hearing may be adjourned from time to time in
the discretion of the board and hearings may be held at such places as the
board shall designate.
In all proceedings under this chapter before the board, each member of the board may issue subpoenas and administer oaths. Depositions may be taken in the manner prescribed by law. No person shall be excused from attending and testifying or from producing books, records, correspondence, documents, or other evidence in obedience to the subpoena on the ground that the testimony or evidence required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture under the laws of the State, but such person shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person may testify or produce evidence, documentary or otherwise, in such proceedings. Such person so testifying shall not be exempt, however, from prosecution and punishment for perjury committed in so testifying.
Any person who wilfully and unlawfully fails or
neglects to appear or to testify or to produce books, papers, and records as
required, shall, upon application to a circuit judge, be ordered to appear
before the board, [there to testify or produce evidence if so ordered,]
and failure to obey the order may be punished as a contempt of court.
Each witness who appears before the board by subpoena shall receive for the witness' attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited and paid by the State in the same manner as other expenses are audited and paid, upon the presentation of properly verified vouchers approved by the board."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Hawaii Employment Relations Act; Prevention of Unfair Labor Practices
Description:
Allows the Hawaii Labor Relations Board the option of serving complaints and notices of hearings via first class mail or by electronic means. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
