HOUSE OF REPRESENTATIVES |
H.B. NO. |
1008 |
THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE OFFICE OF COLLECTIVE BARGAINING AND MANAGED COMPETITION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The chief negotiator in the office of collective bargaining and managed competition serves a vital role as the key representative of the governor during collective bargaining negotiations. This position also advises the governor on labor relations policy. While it is necessary for the chief negotiator position to remain a direct appointment by the governor, the office of collective bargaining as a functional unit should be transferred to the department of human resources development to maintain institutional knowledge and support across executive administrations. Further, in light of the fact that part II (privatization)of Act 90, Session Laws of Hawaii 2001, sunsetted in 2007, managed competition pursuant to chapter 89A, Hawaii Revised Statutes, is arguably not viable absent an analog to part II being enacted.
The purposes of this Act are to transfer the position of chief negotiator and related organizational functions and funding from the office of the governor to the department of human resources development to maintain such institutional knowledge and support and to eliminate references to managed competition.
SECTION 2. Section 89A-1, Hawaii Revised Statutes, is amended to read as follows:
"§89A-1 Office of collective
bargaining [and managed competition]. (a) There
shall be established an office of collective bargaining [and managed
competition] in the [office of the governor] department of human
resources development to assist the governor in [implementation and
review of the managed process of public-private competition for particular
government services through the managed competition process and]
negotiations between the State and the exclusive representatives on matters of
wages, hours, and other negotiable terms and conditions of employment.
(b) The position of chief negotiator for the
State is hereby established in the department of human resources development
to head the office. The chief negotiator shall be experienced in labor
relations. The governor shall appoint the chief negotiator [and may also
appoint deputy negotiators to assist the chief negotiator.], without
regard to chapter 76. The appointment of the chief negotiator shall not
be subject to senate confirmation. The governor, at pleasure, may remove
the chief negotiator [and any deputy negotiator. All other employees
shall be appointed by the chief negotiator. All employees in the office of
collective bargaining and managed competition. The chief negotiator shall
be included in any benefit programs generally applicable to employees of the
State.
(c) Subject to the approval of the governor,
the office of collective bargaining [and managed competition] shall[:
(1)] [Assist]
assist the governor in formulating the State's philosophy for public collective
bargaining [and for the managed process for public-private competition for
government services, including which particular service can be provided more
efficiently, effectively, and economically considering all relevant costs; and
(2) Coordinate
and negotiate the managed competition process on behalf of the State with
exclusive representatives of affected public employees and private contractors].
[(d) No employee
of the office of collective bargaining and managed competition] shall be
included in the civil service, any civil service classification system, or any
appropriate bargaining unit; provided that any civil service position in
existence on July 1, 2002, shall not be exempted from civil service until the
incumbent in that position on July 1, 2002, vacates that position.
(e) If the
State executes a contract with a private contractor pursuant to the managed
competition process authorized under this section, the State may use the layoff
provisions of the civil service laws and the respective collective bargaining
contracts to release employees displaced from their positions by the managed
competition process. Prior to implementing any layoff provision of the civil
service laws or a collective bargaining contract, the State shall use its
resources for placing, retraining, and providing voluntary severance incentives
for displaced employees. Methods that may be used to minimize or avoid the
adverse effects of an agency's decision to secure needed services from
contractors may include:
(1) Coordination with the private service
provider awarded the contract under this section to continue a displaced
employee's employment as an employee of the contractor;
(2) Reassignment to another civil service
position the employee is qualified to fill;
(3) Retraining to qualify the employee for
reassignment; and
(4) Severance incentives.
(f) As used in
this section, "managed competition" means the process established in
this section by which the State and a private contractor compete to provide
government services.]
SECTION 3. Section 89A-2, Hawaii Revised Statutes, is amended to read as follows:
"§89A-2
Functions of the office of collective bargaining [and managed
competition]. In addition to the powers and functions provided
in other sections of this chapter, and subject to the approval of the governor,
the office of collective bargaining [and managed competition] shall:
(1) Assist the governor in formulating plans, including objectives, criteria to measure management's accomplishment of objectives, and programs through which the objectives are to be attained;
(2) Assist the governor in formulating management's philosophy for public collective bargaining as well as planning bargaining strategies;
(3) Conduct negotiations with the exclusive representatives of each employee organization and designate employer spokespersons for each negotiation;
(4) Coordinate the State's resources in all mediation, fact-finding and interest arbitration cases as well as in all labor disputes;
(5) Conduct systematic reviews of collective bargaining agreements for the purpose of contract negotiations;
(6) Coordinate the systematic compilation of data by all agencies that is required for negotiating purposes;
(7) Coordinate the establishment of cost data negotiated with each exclusive representative and assist the governor in making recommendations with respect thereto to the legislative bodies;
(8) Prepare and submit an annual report and such other reports as may be requested to the governor and to the legislature on the implementation of the collective bargaining act."
SECTION 4. All rights, powers, functions, and duties of the office of collective bargaining and managed competition are transferred from the office of the governor and placed in the department of human resources development for administrative purposes and the office shall be renamed as the office of collective bargaining.
SECTION 5. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the office of the governor relating to the functions transferred to the department of human resources development shall be transferred with the functions to which they relate.
SECTION 6. The Hawaii Revised Statutes is amended by replacing all reference to "office of collective bargaining and managed competition" or like references with "office of collective bargaining" or like references, as the context requires.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act, upon its approval, shall take effect on July 1, 2019.
INTRODUCED BY: |
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BY REQUEST |
Report Title:
Office of Collective Bargaining and Managed Competition
Description:
Transfers the office of collective bargaining, including the position of chief negotiator, to the department of human resources development.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.