§377-5  Representatives and elections. 
(a)  Representatives chosen for the purposes of collective bargaining by a
majority of the employees voting in a collective bargaining unit shall be the
exclusive representatives of all of the employees in such unit for the purposes
of collective bargaining.  Any individual employee or any minority group of
employees in any collective bargaining unit shall have the right at any time to
present grievances to their employer in person or through representatives of
their own choosing.



(b)  Whenever a question arises concerning the
determination of a collective bargaining unit as defined in section 377-1, the
board, in order to assure to employees the fullest freedom in exercising the
rights guaranteed by this chapter, shall conduct an appropriate hearing upon
due notice and it shall decide in each case the unit appropriate for the
purpose of collective bargaining.



(c)  Whenever a question arises concerning the
representation of employees in a collective bargaining unit, the board shall
determine the representatives thereof by taking a secret ballot of employees
and certifying in writing the results thereof to the interested parties and to
their employer.  There shall be included on any ballot for the election of
representatives the names of all persons submitted by an employee or group of
employees participating in the election, except that the board may in its
discretion exclude from the ballot one who, at the time of the election, stands
deprived of one's rights under this chapter by reason of a prior adjudication
of one's having engaged in an unfair labor practice.  The ballot shall be so
prepared as to permit of a vote against representation by anyone named on the
ballot.  The board's certification of the results of any election shall be
conclusive unless an appeal is taken therefrom under this chapter.



(d)  Questions concerning the representation of
employees may be raised by petition of any employee, or group of employees, or
the employee's representative, or labor organization acting in their behalf, or
by petition of the employee's employer in the case of jurisdictional disputes,
or in any case after a union has requested recognition.  Where it appears by
the petition that an emergency exists requiring prompt action, the board shall
act upon the petition forthwith and hold the election requested within such
time as will meet the requirements of the emergency presented.  The fact that
one election has been held shall not prevent the holding of another election
among the same group of employees, if it appears to the board that sufficient
reason therefor exists.  In any election where the choices on the ballot do not
receive a majority, a run off shall be conducted, the ballot providing for a
selection between the two choices receiving the largest and second largest
number of valid votes cast in the election. [L 1945, c 250, §7; RL 1955, §90-6;
am L 1965, c 244, §3; HRS §377-5; am L 1985, c 251, §15; gen ch 1985]