Haw. Code R. § 12-43-72 - Petition for decertification or change in exclusive bargaining representative

(a) A petition for decertification or to change an exclusive bargaining representative may be filed by an employee, an employee organization, or anyone authorized to act in its behalf.

(b) The petition shall include the following:

(1) The name, mailing address, telephone number, and affiliation, if any, of the petitioner, and sufficient information to allow for electronic filing by, and electronic service upon, the petitioner;

(2) The name and address of the public employer involved;

(3) The approximate number of employees in the bargaining unit;

(4) A description of the appropriate bargaining unit, specifying inclusions and exclusions;

(5) The name and mailing address of any known employee organization that claims to represent any of the public employees in the claimed appropriate bargaining unit; and

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

(c) The petition shall be supported by a showing of interest of at least fifty per cent of the appropriate bargaining unit.

(d) A timely petition to intervene in a change or decertification proceeding shall be supported by a showing of interest of at least ten per cent of the employees in the appropriate bargaining unit.

(e) The board shall not entertain a petition of change or decertification in any appropriate bargaining unit within which:

(1) A valid election has been held in the preceding twelve months;

(2) A valid collective bargaining agreement is in force and effect; or

(3) Any new bargaining unit is created when the created unit is composed of employees currently covered by a valid collective bargaining agreement and represented by the same exclusive representative.

Notes

Haw. Code R. § 12-43-72

Eff 10/21/2022 (Auth: HRS § 89-5) (Imp: HRS §§ 89-6, 89-7)