Haw. Code R. § 12-43-66 - Decision and order

(a) The board shall prepare a final decision setting forth findings of fact, conclusions of law, and order dismissing or sustaining the complaint, in whole or in part. Without limiting the board's authority to order other appropriate remedies, the board may also require the respondent to do any or all of the following: cease and desist from the prohibited practice or unfair labor practice found to have been committed; suspend the respondent's rights, immunities, privileges, or remedies granted or afforded by chapters 89 and 377, HRS, for a period of time to be determined by the board but not to exceed one year; require the respondent to take such affirmative action as will effectuate the purpose of chapters 89 and 377, HRS, including reinstatement of an employee with or without pay as may be deemed proper; and award interest, attorney's fees, and costs. The order may further require the respondent to make reports to the board showing the extent of compliance.

(b) An employer or an employee who wilfully or repeatedly commits unfair or prohibited practices that interfere with the statutory rights of an employer or employees, or discriminates against an employer or employees for the exercise of protected conduct, is subject to a civil penalty of up to $10,000 for each violation.

(c) In determining the amount of any penalty under this section, the board shall consider the gravity of the unfair or prohibited practice and the impact of the practice on the charging party, on other persons seeking to exercise rights guaranteed by section 377-9, HRS, or on public interest.

Notes

Haw. Code R. § 12-43-66

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