HRS 0089-0011 ANNOTATIONS

Note

In subsection (g), reference is made to "Hawaii public employees health fund" which is repealed chapter 87. For current provisions, see chapter 87A.

Attorney General Opinions

Ombudsman has no jurisdiction over employee complaints covered by collective bargaining agreements. Att. Gen. Op. 73-6.

Law Journals and Reviews

Public Employee Arbitration in Hawaii, A Study in Erosion. 2 UH L. Rev. 477.

Case Notes

Before board, on own motion, can declare that an impasse exists, it must determine that the party claiming impasse has been negotiating in good faith. 56 H. 85, 528 P.2d 809.

Based on plain language of section and collective bargaining agreement grievance procedure, plaintiff needed to pursue any claims arising from the agreement in the administrative forum rather than in circuit court. 92 H. 268, 990 P.2d 1150.

Where employee was not the exclusive representative of an appropriate bargaining unit and, thus, subsection (a) did not confer any right to submit employee's dispute to an agreed procedure or to the board for a final and binding decision, the board was correct in dismissing employee's claim, and there was no §89-13(a)(7) prohibited practice refusal or failure to comply with chapter 89 by the employer. 97 H. 528, 40 P.3d 930.

 

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