Haw. Code R. § 12-43-119 - Selection, qualification, and certification of interest arbitration panel pursuant to section 89-ll (e) (2), HRS
(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.
Notes
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