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

 

Attorney General Opinions

 

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

 

Case Notes

 

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

  Chapter 92F not a "conflicting statute on the samesubject matter" as chapter 89, within the meaning of this section, andthus is not preempted by chapter 89 or any collective bargaining agreementnegotiated under it.  83 H. 378, 927 P.2d 386.

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

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