§89-4 - Payroll deductions. - Hawaii Statutes

     §89-4  Payroll deductions.  (a)  Upon receiving from an exclusive representative a written statement specifying the amount of regular dues required of its members in the appropriate bargaining unit, the employer shall deduct this amount from the payroll of every member employee in the appropriate bargaining unit and remit the amount to the exclusive representative.  Additionally, the employer shall deduct an amount equivalent to the regular dues from the payroll of every nonmember employee in the appropriate bargaining unit, and shall remit the amount to the exclusive representative; provided that the deduction from the payroll of every nonmember employee shall be made only for an exclusive representative which provides for a procedure for determining the amount of a refund to any employee who demands the return of any part of the deduction which represents the employee's pro rata share of expenditures made by the exclusive representative for activities of a political and ideological nature unrelated to terms and conditions of employment.  If a nonmember employee objects to the amount to be refunded, the nonmember employee may petition the board for review thereof within fifteen days after notice of the refund has been received.  If an employee organization is no longer the exclusive representative of the appropriate bargaining unit, the deduction from the payroll of members and nonmembers shall terminate.

     (b)  The employer shall, upon written authorization by an employee, executed at any time after the employee's joining an employee organization, deduct from the payroll of the employee the amount of membership dues, initiation fees, group insurance premiums, and other association benefits and shall remit the amount to the employee organization designated by the employee.

     (c)  The employer shall continue all payroll assignments authorized by an employee prior to July 1, 1970 and all assignments authorized under subsection (b) until notification is submitted by an employee to discontinue the employee's assignments. [L 1970, c 171, pt of §2; am L 1981, c 180, §1; am L 1982, c 100, §1; gen ch 1985]

 

Revision Note

 

  "July 1, 1970" substituted for "the effective date of this chapter".

 

Case Notes

 

  Where plaintiff maintained that defendant union provided inadequate information to nonmembers prior to making union payroll deductions pursuant to this section in violation of Chicago Teachers Union v. Hudson, defendants were preliminarily enjoined from taking any action to demand and/or collect from plaintiff and class members, by any means, agency fees and from taking any other action to enforce subsection (a), until a mechanism for withdrawing agency fees that was in compliance with Hudson was devised by the parties and approved by the court.  269 F. Supp. 2d 1252.

  Section held to be constitutional on its face since regulation of labor relations of state and local governments has been left to the states.  437 F. Supp. 368.

  In the certification process for collective bargaining service fees, union not acting under color of state law.  472 F. Supp. 1123.