HAR §12-43-223. Election to rescind authority and hearing

Where a petition has been filed and the petitioner has made an appropriate showing to the 43-90 3489 §12-43-225 board that thirty per cent or more of the employees within the unit covered by the agreement desire to rescind the authority of the labor organization to make an agreement, the board shall conduct a secret ballot election of the employees involved on their desire to rescind. Where it appears to the board that the proceeding raises a question which cannot be decided without a hearing, the board may issue a notice of hearing upon the parties in conformance with the applicable provisions in subchapter 2. The board shall fix the time and place of the election, eligibility requirement for voting, and other arrangements of the balloting, but the parties may enter into an agreement, subject to the approval of the board, fixing such arrangements. In any consent agreements, provisions may be made for final determination of all questions arising with respect to the balloting. [Eff OCT 21 2022] (Auth: HRS §377-11) (Imp: HRS §377-5)