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 7 - RESOLUTION OF DISPUTES AND IMPASSES PURSUANT TO SECTION 89-11, HRS
Section 12-43-119 - Selection, qualification, and certification of interest arbitration panel pursuant to section 89-ll (e) (2), HRS
Current through August, 2024
(a) Two members of the arbitration panel shall be selected by the parties; one shall be selected by the public employer and one shall be selected by the exclusive representative.
(b) The neutral third member of the arbitration panel, who shall chair the arbitration panel, shall be selected by mutual agreement of the parties. If the parties fail to select the neutral third member of the arbitration panel within thirty days from the date of impasse, the board shall request the American Arbitration Association, or its successor in function, to furnish a list of five qualified and experienced interest arbitrators from which the neutral arbitrator shall be selected. Within five days after receipt of such list, the parties shall alternately strike names from the list until a single name is left, who shall be immediately appointed by the board as the neutral arbitrator and chair of the arbitration panel.
(c) Within five days of the selection of the neutral third member, the parties shall notify the board in writing of the selection and the names of the members, who shall be immediately appointed by the board as a member of the interest arbitration panel. Upon appointment of all three members of the interest arbitration panel, the board shall serve a copy of its certification of appointment of such panel upon all parties and interest arbitration panel members.
(d) Any party may challenge the qualifications of a qualified interest arbitrator from the list by motion pursuant to section 12-43-21 filed electronically in the applicable case.
(e) Within one hundred twenty days of its appointment, the interest arbitration panel shall commence a hearing at which time the parties may submit, either in writing or through oral testimony, all information or data supporting their respective positions to the panel.
