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

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

(c)  Whenever a question arises concerning therepresentation of employees in a collective bargaining unit, the board shalldetermine the representatives thereof by taking a secret ballot of employeesand certifying in writing the results thereof to the interested parties and totheir employer.  There shall be included on any ballot for the election ofrepresentatives the names of all persons submitted by an employee or group ofemployees participating in the election, except that the board may in itsdiscretion exclude from the ballot one who, at the time of the election, standsdeprived of one's rights under this chapter by reason of a prior adjudicationof one's having engaged in an unfair labor practice.  The ballot shall be soprepared as to permit of a vote against representation by anyone named on theballot.  The board's certification of the results of any election shall beconclusive unless an appeal is taken therefrom under this chapter.

(d)  Questions concerning the representation ofemployees may be raised by petition of any employee, or group of employees, orthe employee's representative, or labor organization acting in their behalf, orby 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 bythe petition that an emergency exists requiring prompt action, the board shallact upon the petition forthwith and hold the election requested within suchtime as will meet the requirements of the emergency presented.  The fact thatone election has been held shall not prevent the holding of another electionamong the same group of employees, if it appears to the board that sufficientreason therefor exists.  In any election where the choices on the ballot do notreceive a majority, a run off shall be conducted, the ballot providing for aselection between the two choices receiving the largest and second largestnumber 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]