2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 7. PUBLIC OFFICERS AND EMPLOYEES
89. Collective Bargaining in Public Employment
§89-14 Prevention of prohibited practices.
§89-14 Prevention of prohibited practices. Any controversy concerning prohibited practices may be submitted to the board in the same manner and with the same effect as provided in section 377-9; provided that the board shall have exclusive original jurisdiction over such a controversy except that nothing herein shall preclude (1) the institution of appropriate proceedings in circuit court pursuant to section 89-12(e) or (2) the judicial review of decisions or orders of the board in prohibited practice controversies in accordance with section 377-9 and chapter 91. All references in section 377-9 to "labor organization" shall include employee organization. [L 1970, c 171, pt of §2; am L 1982, c 27, §1; am L 1985, c 251, §6]
Case Notes
The Hawaii labor relations board (HLRB) had exclusive original jurisdiction over the statutory issues raised in public employees' union's complaint, and the circuit court erred in addressing the constitutional issues without first giving the HLRB the opportunity to address the issues arising under this chapter. 124 H. 197, 239 P.3d 1.
An action concerning prohibited practices may be brought before the board or in a court of competent jurisdiction. 2 H. App. 50, 625 P.2d 1046.
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