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Committee defers bill that would let Hawaii Labor Relations Board self-enforce orders pending AG review
Summary
The committee deferred HB 165 after the Attorney General told lawmakers the bill raises constitutional and due-process concerns; the Labor Relations Board said the bill is a clarifying housekeeping measure and requested the legislature add enforcement authority in statute.
HB 165 would explicitly authorize the Hawaii Labor Relations Board to enforce its own orders without petitioning circuit court. Deputy Attorney General Trisha Giebel told the committee the current statutory structure recognizes the judiciary as the proper venue for enforcement and raised concerns that the bill, as drafted, undercuts safeguards and constitutional due-process protections.
Dwight Takamine, representing the Hawaii Labor Relations Board, said the board supports the bill as a clarifying measure and that the existing statute uses permissive language ("may") rather than a mandatory requirement to seek circuit-court enforcement. Takamine told the committee the statutory clarification would make enforcement more efficient without removing parties’ rights.
Given the AG's concerns and the differing interpretations of current law, Chair Tarnas recommended deferring HB 165 so the Labor Relations Board and the Attorney General’s office could resolve statutory language and reach an agreed formulation. The committee voted to defer the bill for interagency negotiations.
Ending: HB 165 is deferred; the committee asked HLRB and the Attorney General to report back with agreed statutory language or a memorandum of understanding clarifying enforcement procedure.
