Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 21 - THE ADMINISTRATION AND ENFORCEMENT OF THE PAYMENT OF WAGES AND OTHER COMPENSATION LAW
Section 12-21-2 - Monthly payday elections

Universal Citation: HI Admin Rules 12-21-2

Current through August, 2024

(a) A petition for once-a-month pay election, or for an election to terminate once-a-month pay, shall be made by:

(1) An official representative of a recognized collective bargaining unit with the concurrence of at least twenty-five per cent of the total number of eligible voters in the collective bargaining unit as evidenced by their signatures thereon; or

(2) Any employee of an employer not in a collective bargaining unit with the concurrence of at least twenty-five per cent of the eligible non-bargaining unit voters in the employ of that employer as evidenced by their signatures thereon.

(b) The petition shall be filed on a form furnished by the enforcement division of the department at 830 Punchbowl Street, Room 340, Honolulu, or its district offices on Hawaii, Maui, and Kauai.

(c) No formal secret ballot election need be conducted when a petition is received from an employer's sole employee.

(d) An employee must be on the employer's payroll on the date of election to be eligible to vote.

(1) In an election requested by an official representative of a collective bargaining unit, only members of that collective bargaining unit who are eligible voters shall be entitled to vote.

(2) In an election requested by a non-bargaining unit employee, only non-bargaining unit employees of the employer who are eligible voters shall be entitled to vote.

(3) If the eligibility of a particular employee to vote is challenged, the ballot of that employee shall be received by the departmental representative under protest and placed in an individual envelope provided for that purpose. If challenged ballots would determine the election, the department shall investigate the challenge and the department's findings shall be binding on all parties.

(e) A certification of election issued by the department shall be valid until a new election and certification of results of that election supersede the previous certification.

(f) A new petition for election shall not be accepted until two years have elapsed from the date of the previous election.

Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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