Haw. Code R. § 12-41-75

Current through April, 2024
Section 12-41-75 - Investigation of petition
(a) Upon the filing of the petition, the board or the hearings officer shall conduct an investigation to determine whether:
(1) Petitioner has collected valid authorization cards from more than fifty percent of the employees in an appropriate unit designating petitioner as their exclusive representative for collective bargaining purposes;
(2) There is agreement among the parties regarding the composition of the appropriate unit;
(3) The employer earns annual gross revenues of more than $5,000,000; and
(4) There is no other individual or labor organization that is certified or recognized as the exclusive representative of any of the employees in the appropriate unit.
(b) Pursuant to the investigation, the board or the hearings officer may ask the employer to submit:
(1) Information showing the nature of the employer's business and its revenues;
(2) Existing or recently expired collective bargaining agreements, if any;
(3) An alphabetized list of all employees in the appropriate unit with their full names, addresses, and job classifications who are or were employed by the employer within the six months immediately preceding the petition's filing date;
(4) Copies of the W-4 forms for each employee included on the alphabetized list as required in section 12-41-75(b)(3);
(5) An alphabetized list of all employees in the appropriate unit with their full names, addresses, and job classifications who were employed as of the petition's filing date; and
(6) Any other information relevant to the investigation.
(c) Pursuant to the investigation, the board or the hearings officer shall request that the petitioner submit:
(1) The original of each authorization card collected under section 12-41-71.
(A) The authorization card shall be valid only if signed within six months prior to the filing of the petition in accordance with section 12-41-73.
(B) The board or hearings officer will not accept copies of a signed authorization card.
(2) A declaration authenticating that such authorization cards are valid and attesting to the following:
(A) The declarant's personal knowledge or inquiries that the declarant has made that the persons whose names appear on the authorization cards have personally signed or marked their own cards on the dates specified thereon as provided in section 12-41-71;
(B) That the persons specified as members of the appropriate unit are or were employees of the appropriate unit during the six month period immediately preceding the petition's filing date; and
(C) If the declaration is based upon inquiries the declarant has made, rather than upon personal knowledge, the declarant shall specify the nature of those inquiries.
(3) Any other information relevant to the investigation.
(d) Responses to requests made under paragraphs (b) and (c) herein shall be made within ten days of the receipt of the request unless an extension of time is granted by the board or hearings officer for good cause shown.

Haw. Code R. § 12-41-75

[Eff 10/27/2017] (Auth: HRS § 377-4.6) (Imp: HRS § 377-4.6)