Haw. Code R. § 12-43-141 - Petition for review

(a) A nonmember employee who objects to the amount to be refunded by an exclusive representative may petition the board for a review thereof within fifteen days after receiving notice of the amount of refund from the exclusive representative.

(b) At hearing, the exclusive representative shall bear the burden of production of evidence and the burden of proof of the validity of its proposed refund.

(c) The petition shall be prepared on a form furnished by the board.

(d) The petition shall contain the following:

(1) The name, address, telephone number, and e-mail address of the petitioner;

(2) The bargaining unit of the petitioner;

(3) The name, mailing address, and telephone number of the exclusive representative against whom the petition is filed;

(4) The name, mailing address, and telephone number of the public employer;

(5) A statement of the amount deducted from the payroll of the nonmember employee which is equivalent to regular dues;

(6) A statement of the amount to be refunded by the exclusive representative;

(7) The date the notice of refund was received by the nonmember employee;

(8) A complete statement of the reasons for objections to the amount of refund and any relevant underlying facts; and

(9) The signature of the petitioner or the petitioner's representative.

(e) Any person claiming an interest in the review as a public employee, employee organization, or party in interest may intervene pursuant to section 12-43-19.

(f) Upon the filing of a petition under this subchapter, the board shall serve a copy of the petition upon the respondent.

Notes

Haw. Code R. § 12-43-141

Eff 10/21/2022 (Auth: HRS § 89-5) (Imp: HRS § 89-4)