If enacted, this bill will revise Section 377-9 of the Hawaii Revised Statutes, removing the prohibition on hearsay evidence in board proceedings. This change intends to create a more inclusive framework for evidence assessment in labor relations cases, which could help address issues related to collective bargaining and unfair labor practices more effectively. Proponents believe it will facilitate better and more thorough adjudication processes while maintaining a complete record of proceedings.
Summary
SB2718 proposes amendments to the Hawaii Revised Statutes regarding the operations of the Hawaii Labor Relations Board, specifically concerning the board's ability to admit and consider hearsay evidence. Currently, the board is restricted from considering hearsay, limiting its ability to weigh all evidence presented in its proceedings. The proposed changes aim to align the board's practices with exceptions allowed under the Hawaii Rules of Evidence, thereby enhancing the flexibility of administrative proceedings.
Sentiment
The sentiment around SB2718 appears generally supportive among advocates for labor rights and fairness in administrative processes. By allowing the admission of hearsay, the bill may enhance the capability of the Hawaii Labor Relations Board to make informed decisions. However, there may be concerns ensconced in the legal community regarding the implications of shifting evidence standards in labor law, potentially leading to debates concerning procedural integrity.
Contention
Notable points of contention surrounding SB2718 include the implications for the reliability of evidence presented before the board. Critics may argue that admitting hearsay could compromise the quality of evidence evaluated, leading to decisions based on less sound foundations. Conversely, supporters assert that this amendment would align the board's practices with broader judicial standards, thereby improving the overall effectiveness of labor dispute resolution while fostering a more just administrative environment.