Ā§89-19Ā  Chapter takes precedence, when.Ā 
This chapter shall take precedence over all conflicting statutes concerning
this subject matter and shall preempt all contrary local ordinances, executive
orders, legislation, or rules adopted by the State, a county, or any department
or agency thereof, including the departments of human resources development or
of personnel services or the civil service commission. [L 1970, c 171, pt of
Ā§2; am L 1994, c 56, Ā§15]



 



Attorney General Opinions



 



Ā  Ombudsman has no jurisdiction over employee complaints
covered by collective bargaining agreements.Ā  Att. Gen. Op. 73-6.



 



Case Notes



 



Ā  Mentioned with respect to applicability of chapter 380.Ā  54
H. 531, 511 P.2d 1080.



Ā  Chapter 92F not a "conflicting statute on the same
subject matter" as chapter 89, within the meaning of this section, and
thus is not preempted by chapter 89 or any collective bargaining agreement
negotiated under it.Ā  83 H. 378, 927 P.2d 386.



Ā  Although an application of Ā§84-13 was necessary to decide the
union's complaint under Ā§89-13, it could not be said that the question arose
under chapter 84; where union filed the complaint with the board under this
section, the board had "exclusive original jurisdiction" to determine
prohibited practice complaints and the ethics commission would not have had
jurisdiction to make that determination; thus, the board had the power to apply
Ā§84-13 in order to decide whether a prohibited practiceĀ  violation actually
occurred and it did not exceed its jurisdiction in ruling that a violation did
not occur based on the application of Ā§84-13.Ā  116 H. 73, 170 P.3d 324.



Ā  Employee must fully exhaust the remedies covered in
collective bargaining agreement before employee can bring action in circuit
court.Ā  2 H. App. 50, 625 P.2d 1046.