Federal & State Regulations | Collective Bargaining Agreements - Hawaii

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Summary of differences between federal and state regulations

Hawaii has specific law, the Hawaii Employment Relations Act (ERA), regarding collective bargaining in private employment, though it is not substantially different from the provisions of the National Labor Relations Act.

Right to work

The state has no right to work law. Employees may be required to join a union under an all-union agreement.

Unfair labor practices

Under the Hawaii ERA, there are several unfair labor practices listed. Among the prohibited practices, it is an unfair labor practice for an employer individually or in concert with others, to bargain collectively with the representatives of less than a majority of employees in a collective bargaining unit. Other unfair labor practices include (but are not limited to):

Deducting labor organization dues or assessments from an employee’s earnings, unless the employee gives written authorization;
Employing any person to spy upon employees or their representatives respecting their exercise of any right created or approved by this chapter;
Blacklisting;
Offering or granting permanent employment to an individual for performing work as a replacement for a bargaining unit member during a labor dispute.

Reporting

Hawaii requires that every person acting as the representative of employees for collective bargaining must keep an adequate record of the person’s financial transactions and present annually a detailed written financial report thereof.

Public employment

Hawaii’s has specific laws for unions and collective bargaining in public sector employment.