HOUSE OF REPRESENTATIVES	H.B. NO.	2555
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE HAWAII LABOR RELATIONS BOARD.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 377-9, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  After the final hearing, the board shall promptly make and file an order or decision, incorporating findings of fact upon all the issues involved in the controversy and the determination of the rights of the parties.  Pending the final determination of the controversy the board may, after hearing, make interlocutory orders which may be enforced in the same manner as final orders.  Final orders may dismiss the complaint or require the person complained of to cease and desist from the unfair labor practices found to have been committed, suspend the person's rights, immunities, privileges, or remedies granted or afforded by this chapter for not more than one year, and require the person to take affirmative action, including reinstatement of employees and make orders in favor of employees making them whole, including back pay with interest, costs, and attorneys' fees.  Any order in favor of an employer may require the payment of costs and attorneys' fees to that employer.  Any order may further require the person to make reports from time to time showing the extent to which the person has complied with the order.  Furthermore, an employer [or], employee, or labor organization who wilfully or repeatedly commits unfair or prohibited practices that interfere with the statutory rights of an employer or employees or discriminates against an employer or employees for the exercise of protected conduct shall be subject to a civil penalty not to exceed $10,000 for each violation.  In determining the amount of any penalty under this section, the board shall consider the gravity of the unfair or prohibited practice and the impact of the practice on the charging party, on other persons seeking to exercise rights guaranteed by this section, or on public interest."

SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

SECTION 4.  This Act shall take effect on July 1, 2010.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Labor Unions; Private Sector

Description:

Allows the Hawaii Labor Relations Board to award costs and attorneys' fees to employers, and provides that an employer, employee, or labor organization that commits unfair or prohibited practices that interfere with the statutory rights of an employer or employees or discriminates against an employer or employees for the exercise of protected conduct shall be subject to civil penalties.

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