HLRB Refuses to Order – Allows UHPA to Challenge in Court

Refuse to rule for good cause and lack of jurisdiction

On Thursday, June 20, 2021, the Hawaii Labor Relations Board (HLRB) issued an order no. 3764 over UHPA’s Petition for Declaratory Ruling in Case No. 21-DR-07-177.  Essentially, the Board refused to issue any ruling over UHPA’s three (3) questions presented to the Board for good cause and lack of jurisdiction.

Constitutional issues not within Board’s authority

UHPA questioned the following in its Petition for Declaratory Ruling:

  1. Whether the legislative deletion of a specific occupied bargaining unit position violates Hawaii Revised Statutes (HRS) Chapter 89, specifically whether any item in a budget bill that purports to delete an occupied position is null and void based on HRS § 89-19;
  2. Whether, if DAVID Y. IGE, Governor, State of Hawaii (Governor) signs HB 200 into law, has he committed a prohibited practice as a public employer due to the legislative deletion of a specific occupied bargaining unit position, specifically whether it would be a prohibited practice under HRS § 89-13[a](7) for the Governor to sign HB 200, based on §§ 89-3 and 89-8, and/or a prohibited practice under HRS § 89-13[a](8); and
  3. Whether, if the Governor signs HB 200 into law, when HB 200 contains the legislative deletion of a specific occupied bargaining unit position, any animus of a Hawaii State Legislator (Legislator) may be attributed to the Governor, and, if the Legislator’s animus is of an exacerbated type, it would justify an extraordinary corrective order from the Board.

The Board analyzed UHPA’s question 1. and 3. and determined that they are matters that question constitutional issues and not statutory matters covered under Chapter 89, HRS, in which the Board has original jurisdiction and authority.  On question 2. the Board determined that the question is not properly before the Board to rule since there was no prohibited practice complaint filed.

Provides Pathway for Circuit Court Challenge

The Board’s order now allows UHPA to challenge the constitutional issues and concerns over HB 200 in Hawaii’s Circuit Court. The order was not necessarily unexpected, as in prior cases the courts have required the exhaustion of all applicable administrative remedies. 

Next Steps

UHPA’s leadership and legal counsel are currently reviewing and analyzing the Board’s recent order. UHPA will keep the membership apprised of any future actions taken on this matter.

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