§378-66 Collective bargaining and confidentiality rights, takes precedence. (a) This subpart shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement, nor to permit disclosures which would diminish or impair the rights of any person to the continued protection of confidentiality of communications where statute or common law provides such protection.
(b) Where a collective bargaining agreement provides an employee rights and remedies superior to the rights and remedies provided herein, contractual rights shall supersede and take precedence over the rights, remedies, and procedures provided in this subpart. Where a collective bargaining agreement provides inferior rights and remedies to those provided in this subpart, the provisions of this subpart shall supersede and take precedence over the rights, remedies, and procedures provided in collective bargaining agreements. [L 1987, c 267, pt of §1; am L 2011, c 166, §8]
Structure Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
378-1 to 378-10 REPEALED. §378-1 Definitions.
378-2 Discriminatory practices made unlawful; offenses defined.
378-2.2 Sexual harassment or sexual assault; nondisclosure agreements; prohibited.
378-2.4 Employer inquiries into and consideration of salary or wage history.
378-2.5 Employer inquiries into conviction record.
378-2.7 Employer inquiries into and consideration of credit history or credit report.
378-4 Enforcement jurisdiction.
378-6 Inspection; investigation; records.
378-27.5 Enforcement jurisdiction; complaint against unlawful practice.
378-28 Power of department to prevent unlawful practice.
378-28.5 Investigation; oaths; affidavits; subpoena; witnesses; immunities.
378-32 Unlawful suspension, barring, discharge, withholding pay, demoting, or discrimination.
378-33 Complaint against unlawful suspension, discharge, or discrimination.
378-34 Proceeding and hearing on complaint.
378-37 Enforcement of order; judgment rendered thereon.
378-51 Action against labor organization, limitation.
378-62 Discharge of, threats to, or discrimination against employee for reporting violations of law.
378-63 Civil actions for injunctive relief or damages.
378-64 Remedies ordered by court.
378-65 Penalties for violations
378-66 Collective bargaining and confidentiality rights, takes precedence.
378-67 Compensation for employee participation in investigation, hearing, or inquiry.
378-68 Notices of employee protections and obligations.
378-69 Conflict with common law, precedence.
378-70 Protected disclosure by a public employee.
378-72 Leave of absence for domestic or sexual violence.
378-73 Relationship to other leaves.
378-74 Effect on employment and collective bargaining agreements; benefits.
378-81 Reasonable accommodations.
378-92 Opportunity to express milk.