HB680 HD2

Report Title:

Labor and Industrial Relations Appeal Board

 

Description:

Allows individual LIRAB members to hear cases and recommend decisions. Allows LIRAB to appoint hearing officers, including members of the Hawaii Labor Relations Board, to hear and recommend decisions on appeal before LIRAB. (HB680 HD2)

HOUSE OF REPRESENTATIVES	H.B. NO.	680
TWENTY-FIRST LEGISLATURE, 2001		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD.

 

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

SECTION 1. Section 371-4, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (c) to read:

"(c) A decision concurred [in] with by any two members shall constitute a decision of the board[.]; except that the chairperson may assign cases to individual board members to conduct hearings de novo on cases on appeal to the board. The board member shall hear the case and issue a recommended decision. Parties to the proceeding adversely affected by the recommended decision may file exceptions to the board, which shall render the final decision. As assigned by the chairperson, motions other than motions for summary judgment and motions to dismiss before the board may be heard and decided by one member of the board."

2. By amending subsection (f) to read:

"(f) The chairperson of the appeal board shall be responsible for the administrative functions of the appeal board. The appeal board may:

(1) Appoint an executive officer and employ other employees as it deems necessary in the performance of its functions;

(2) Appoint hearings officers, including members of the Hawaii labor relations board, not subject to chapters 76 and 89, to hear and recommend decisions on appeals under chapter 386 and other labor laws subject to the jurisdiction of the appeal board;

[(2)] (3) Set the duties and compensation of the executive officer and employees; and

[(3)] (4) Provide for the reimbursement of actual and necessary expenses incurred by the executive officer and employees in the performance of their duties, within the amounts made available by appropriations therefor.

Members of the appeal board and employees other than clerical and stenographic employees shall be exempt from chapters 76[, 77,] and 89. Clerical and stenographic employees shall be employed in accordance with [chapters] chapter 76 [and 77]."

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 Statutory material to be repealed is bracketed and stricken.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, 2002.