HOUSE OF REPRESENTATIVES

H.B. NO.

981

TWENTY-NINTH LEGISLATURE, 2017

 

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.  Chapter 89, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§89-    Decisions and orders.  (a)  The board may require the prevailing party in a hearing to submit to the board proposed findings of fact and conclusions of law, in a form approved by the opposing parties, within fourteen days, unless such time is extended by the board.  If the form of the proposed findings of fact and conclusions of law has not been approved, the prevailing party shall serve a copy of the proposed findings and conclusions to each party who has appeared in the action and deliver the original to the board.  Within seven days of receipt of the prevailing party's proposed findings and conclusions, an opposing party may serve and deliver to the prevailing party and the board the opposing party's objections and a copy of its proposed findings and conclusions.  The board shall determine the findings of fact and conclusions of law to be entered.

     If after the conclusion of all testimony in the case, and after the submission thereof, the board does not indicate which party has prevailed in the action, the board may order any one or more of the parties involved to submit proposed findings of fact and conclusions of law.

     (b)  Whenever the board proposes to file a written decision on any motion or issue of law, it may at any time order one or more of the parties to submit to the board and serve all parties a draft decision within fourteen days of the order.  The board shall advise all parties of its action.  The opposing parties shall have seven days to present comments with respect to the draft decision to the board and serve them on the drafting party.  The failure of any party to submit comments with respect to any draft shall not affect the right of that party to appeal from any judgment incorporated in or based on the decision as issued."

     SECTION 2.  Chapter 377, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§377-    Decisions and orders.  (a)  The board may require the prevailing party in a hearing to submit to the board proposed findings of fact and conclusions of law, in a form approved by the opposing parties, within fourteen days, unless such time is extended by the board.  If the form of the proposed findings of fact and conclusions of law has not been approved, the prevailing party shall serve a copy of the proposed findings and conclusions to each party who has appeared in the action and deliver the original to the board.  Within seven days of receipt of the prevailing party's proposed findings and conclusions, an opposing party may serve and deliver to the prevailing party and the board the opposing party's objections and a copy of its proposed findings and conclusions.  The board shall determine the findings of fact and conclusions of law to be entered.

     If after the conclusion of all testimony in the case, and after the submission thereof, the board does not indicate which party has prevailed in the action, the board may order any one or more of the parties involved to submit proposed findings of fact and conclusions of law.

     (b)  Whenever the board proposes to file a written decision on any motion or issue of law, it may at any time order one or more of the parties to submit to the board and serve all parties a draft decision within fourteen days of the order.  The board shall advise all parties of its action.  The opposing parties shall have seven days to present comments with respect to the draft decision to the board and serve them on the drafting party.  The failure of any party to submit comments with respect to any draft shall not affect the right of that party to appeal from any judgment incorporated in or based on the decision as issued."

     SECTION 3.  Chapter 396, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§396-    Decisions and orders.  (a)  The appeals board may require the prevailing party in a hearing to submit to the appeals board proposed findings of fact and conclusions of law, in a form approved by the opposing parties, within fourteen days, unless such time is extended by the appeals board.  If the form of the proposed findings of fact and conclusions of law has not been approved, the prevailing party shall serve a copy of the proposed findings and conclusions to each party who has appeared in the action and deliver the original to the appeals board.  Within seven days of receipt of the prevailing party's proposed findings and conclusions, an opposing party may serve and deliver to the prevailing party and the appeals board the opposing party's objections and a copy of its proposed findings and conclusions.  The appeals board shall determine the findings of fact and conclusions of law to be entered.

     If after the conclusion of all testimony in the case, and after the submission thereof, the appeals board does not indicate which party has prevailed in the action, the appeals board may order any one or more of the parties involved to submit proposed findings of fact and conclusions of law.

     (b)  Whenever the appeals board proposes to file a written decision on any motion or issue of law, it may at any time order one or more of the parties to submit to the appeals board and serve all parties a draft decision within fourteen days of the order.  The appeals board shall advise all parties of its action.  The opposing parties shall have seven days to present comments with respect to the draft decision to the appeals board and serve them on the drafting party.  The failure of any party to submit comments with respect to any draft shall not affect the right of that party to appeal from any judgment incorporated in or based on the decision as issued."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Hawaii Labor Relations Board; Decisions and Orders; Public Collective Bargaining; Hawaii Employment Relations Act; Occupational Safety and Health

 

Description:

Allows the Hawaii labor relations board to request the parties appearing before the board to draft decisions and orders to enable a quicker process to resolve cases.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.