Haw. Code R. § 12-41-53

Current through April, 2024
Section 12-41-53 - Election to rescind authority on hearing

Where a petition has been filed pursuant to section 12-41-51 and it appears to the board or its hearings officer that the petitioner has made an appropriate showing that thirty per cent or more of the employees within a unit covered by an agreement between their employer and a labor organization requiring membership in the labor organization desire to rescind the authority of the labor organization to make such an agreement, the board shall proceed to conduct a secret ballot election of the employees involved on the question whether they desire to rescind the authority of the labor organization to make such an agreement with their employer. In any case in which it appears to the board that the proceeding raises questions which cannot be decided without a hearing, the board may issue and cause to be served on the parties a notice of hearing at a time and place fixed therein. The board or its hearings officer shall fix the time and place of the election, eligibility requirements for voting, and other arrangements of the balloting, but the parties may enter into an agreement, subject to the approval of the board or its hearings officer, fixing the arrangements. In any consent agreements, provisions may be made lor final determination of all questions arising with respect to the balloting by the board or its hearings officer.

Haw. Code R. § 12-41-53

[Eff. NOV 10 1983] (Auth: HRS § 377-11) (Imp: HRS § 377-6)