Haw. Code R. § 14-21.1-3 - Limitation of jurisdiction
(a) Where the terms
of collective bargaining agreements pursuant to chapter
89, Hawaii Revised Statutes, conflict
with these rules, the terms of the agreements shall prevail; provided that the
terms are not inconsistent with section
89-9(d),
Hawaii Revised Statutes.
(b) The
board shall defer action on an appeal, if there is controversy on whether the
matter is within its jurisdiction or that of the Hawaii labor relations board.
The Hawaii labor relations board shall determine which of these boards has
jurisdiction in the appeal.
(c) The
board shall not act on an appeal if the action complained of constitutes a
prohibited act that is subject to the jurisdiction of another appellate body or
administrative agency or the grievance procedure under a collective bargaining
agreement.
(d) The board requires
that all internal complaint procedures, including administrative reviews and
departmental complaint procedures, have been exhausted before an appeal shall
be accepted by the board.
Notes
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