Haw. Code R. § 12-21-2 - Monthly payday elections
(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.
Notes
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