Unions - Hawaii

Summary of differences between federal and state regulations

Hawaii has specific law, the Hawaii Employment Relations Act (ERA), regarding unions in private employment, though it is not substantially different from the provisions of the National Labor Relations Act and Labor-Management Reporting and Disclosure 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; and

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

Captive audience law

Employers cannot require employees to attend meetings or listen to communications about religious or political topics. They cannot take or threaten to take adverse action against employees for refusing to attend employer-sponsored meetings, or refusing to listen to communications, where the primary purpose is to share employer opinions about religious or political matters.

State

Contacts

National Labor Relations Board (Subregion 37, Region 20)

Hawaii Labor Relations Board

Regulations

Hawaii Employment Relations Act, Hawaii Revised Statutes, Division 1, Title 21, Chapter 377-1 et seq.

Hawaii Employment Relations Act, Hawaii Revised Statutes, Division 1, Title 21, Chapter 379-1 et seq.

Collective bargaining in public employment

Hawaii Rev. Stats., Ch. 89, §89-1 et seq.

Federal

ContactNational Labor Relations Board

Regulations29 U.S.C. §§ 151-16929 U.S.C. §401 et seq.