(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.
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Terms Used In Hawaii Revised Statutes 378-66

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Employee: means a person who performs a service for wages or other remuneration under a contract for hire, written or oral, express or implied. See Hawaii Revised Statutes 378-61
  • Person: means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity. See Hawaii Revised Statutes 378-61
  • Statute: A law passed by a legislature.
(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.

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