Current through November, 2024
Section 12-43-101 - Petition(a) A petition for clarification of an appropriate bargaining unit or amendment of certification may be filed by the affected exclusive bargaining representative, public employer, or public employee at any time.(b) The exclusive bargaining representative, public employer, or public employee shall file a petition where a position is to be excluded from collective bargaining on the basis that it is a top-level managerial and administrative position or involved with confidential matters affecting employee-employer relations; where a new class is established and assigned to a bargaining unit; where a new bargaining unit is established by law; or where there is controversy as to the appropriate bargaining unit status of a position.(c) The petition shall be prepared on a form furnished by the board.(d) 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 mailing address of the public employer and exclusive bargaining representative involved, and the name and telephone number of their principal representatives to be contacted, if known;(3) A description of the appropriate bargaining unit;(4) The proposed clarification or amendment;(5) A statement setting forth reasons why clarification or amendment is requested;(6) Whether the affected public employer and exclusive bargaining representative agree or disagree with the bargaining unit designation; and(7) A clear and concise statement of any other relevant facts.(e) The petitioner shall attach a declaration to the petition which shall include sufficient facts as to the duties and responsibilities of the position and further attach as exhibits the position description, organization chart, class specifications, and other relevant documents in order that the board can rule on the petition.Eff 10/21/2022 (Auth: HRS § 89-5) (Imp: HRS §8 9-6)