Haw. Code R. § 12-43-61 - Complaint; service of complaint

(a) Any complaint alleging that a person, employee, public employee, exclusive representative, employer, or public employer has engaged in a prohibited practice pursuant to section 89-13, HRS, or an unfair labor practice pursuant to sections 377-6, 377-7, or 377-8, HRS, shall be filed within ninety days of the date the complainant knew or should have known of the alleged violation, prohibited practice or unfair labor practice.

(b) A claim of prohibited or unfair labor practice based upon alleged violation of a collective bargaining agreement shall not be brought unless the complainant has exhausted all available remedies provided by the collective bargaining agreement, or can show that attempting to exhaust would be futile.

(c) A prohibited practice or an unfair labor practice complaint shall be prepared on a form furnished by the board, and filed with the board. The board shall serve a copy of the complaint upon each respondent charged.

(d) The complaint shall include the following:

(1) The complainant's name, mailing address, email address, and telephone number of the petitioner, and sufficient information to allow for electronic filing by, and electronic service upon, the complainant or complainant's representative;

(2) The name, address, email address, and telephone number, if known, of each respondent;

(3) Designation of the appropriate bargaining unit, if applicable;

(4) Allegations supporting the complaint, including specific facts regarding the statutory violations; and

(5) A clear and concise statement of any other relevant facts.

(e) If the board has reasonable cause to believe that a respondent is an exclusive representative or an officer, employee, or representative of an exclusive representative, then service upon an officer of the exclusive representative shall be service upon the respondent.

(f) Service upon a respondent shall be completed pursuant to section 12-43-5.

(g) Any other person claiming interest in the dispute or controversy, such as an employer, public employer, employee, public employee, employee organization, or other party in interest may be made a party upon proof of interest.

(h) The board may bring in additional parties by service of the complaint upon them.

(i) Only one complaint shall be issued with respect to a single controversy.

Notes

Haw. Code R. § 12-43-61

Eff 10/21/2022 (Auth: HRS §§ 89-5, 377-11) (Imp: HRS §§ 89-5, 89-14, 377-9)