Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD
Subchapter 13 - STREAMLINING UNION CERTIFICATION
Section 12-43-186 - Investigation of petition
Universal Citation: HI Admin Rules 12-43-186
Current through August, 2024
(a) Upon the filing of the petition, the board or the hearings officer shall investigate whether:
(1) Petitioner has collected valid
authorization cards from more than fifty per cent of the employees in an
appropriate unit designating petitioner as their exclusive representative for
collective bargaining purposes;
(2)
There is agreement among the parties regarding the composition of the
appropriate unit;
(3) The employer
earns annual gross revenues of more than $5,000,000; and
(4) There is no other individual or labor
organization that is certified or recognized as the exclusive representative of
any of the employees in the appropriate unit.
(b) Pursuant to the investigation, the board or the hearings officer may ask the employer to submit:
(1) Information showing the nature of the
employer's business and its revenues;
(2) Existing or recently expired collective
bargaining agreements, if any;
(3)
An alphabetized list of all employees in the appropriate unit with their full
names, addresses, and job classifications who are or were employed by the
employer within the six months immediately preceding the petition's filing
date;
(4) Copies of the W-4 forms
for each employee included on the alphabetized list above;
(5) An alphabetized list of all employees in
the appropriate unit with their full names, addresses, and job classifications
who were employed as of the petition's filing date; and
(6) Any other information relevant to the
investigation.
(c) Pursuant to the investigation, the board or the hearings officer shall request that the petitioner submit:
(1) The original
of each authorization card collected under the 'Streamlining Union
Certification" section above; provided that
(A) The authorization card shall be valid
only if signed within six months before the filing of the petition;
and
(B) The board or hearings
officer will not accept copies of a signed authorization card;
(2) A declaration authenticating
that such authorization cards are valid and attesting to the following:
(A) The declarant's personal knowledge or
inquiries that the declarant has made that the persons whose names appear on
the authorization cards have personally signed or marked their own cards on the
dates specified thereon as provided in the 'Streamlining Union Certification"
section above;
(B) That the persons
specified as members of the appropriate unit are or were employees of the
appropriate unit during the six-month period immediately preceding the
petition's filing date; and
(C) If
the declaration is based upon inquiries the declarant has made, rather than
upon personal knowledge, the declarant shall specify the nature of those
inquiries; and
(3) Any
other information relevant to the investigation,
(d) Responses to requests made under subsections (b) and (c) herein shall be made within ten days of the receipt of the requests unless an extension of time is granted by the board or hearings officer for good cause shown.
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