Bill Text: HI HB1107 | 2010 | Regular Session | Introduced

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Bill Title: Grievance arbitration; Arbitration awards

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1107 Detail]

Download: Hawaii-2010-HB1107-Introduced.html

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Report Title:

Grievance arbitration; Arbitration awards

 

Description:

Protects the rights of public employers by exempting grievance arbitration procedures between public employers and union representatives from the Uniform Arbitration Act, except for awards procedures.  Also recognizes that public sector arbitration awards with one public employer should not be used as binding precedent with other public employers not involved with the initial award.

 

HOUSE OF REPRESENTATIVES	H.B. NO.	1107
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO THE UNIFORM ARBITRATION ACT.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The purpose of this Act is to exempt grievance arbitrations between the public employers and the public employees' exclusive representatives (collectively referred to as "public sector") under chapter 89 from chapter 658A, Hawaii Revised Statutes (the Uniform Arbitration Act), and limit court involvement to enforcement and review of public sector arbitration awards.  This Act will restore the parties' right to negotiate their own grievance arbitration procedures with respect to discovery, and recognizes that public sector arbitration awards should not be used as stare decisis, collateral estoppel, res judicata, or binding precedent as to other public sector arbitration awards.

     SECTION 2.  Section 658A-3, Hawaii Revised Statutes, is amended to read as follows:

     "§658A-3  When chapter applies.  (a)  Except as provided in subsection (c), this chapter governs an agreement to arbitrate made on or after July 1, 2002.

     (b)  This chapter governs an agreement to arbitrate made before July 1, 2002, if all the parties to the agreement or to the arbitration proceeding so agree in a record.  If the parties to the agreement or to the arbitration do not so agree in a record, an agreement to arbitrate that is made before July 1, 2002, shall be governed by the law specified in the agreement to arbitrate or, if none is specified, by the state law in effect on the date when the arbitration began or on June 30, 2002, whichever first occurred.

     (c)  After June 30, 2004, this chapter governs an agreement to arbitrate whenever made.

     (d)  Notwithstanding any provisions to the contrary, except for sections 658A-20, 658A-22, 658A-23(a)(1), (2), and (4) and (b), 658A-24, 658A-25(a), and 658A-28, this chapter shall not apply to grievance arbitrations authorized by collective bargaining agreements between public employers and exclusive representatives under chapter 89."

     SECTION 3.  Section 658A-22, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§658A-22[]]  Confirmation of award.  After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to section 658A-20 or 658A-24 or is vacated pursuant to section 658A-23.  Confirmation of an award in public sector arbitrations shall apply only to that award and cannot be used as stare decisis, collateral estoppel, res judicata, or binding precedent as to any other public sector arbitration award."

     SECTION 4.  Section 658A-25, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
     "(a)  Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity therewith.  The judgment may be recorded, docketed, and enforced as any other judgment in a civil action.  The judgment confirming an award in public sector arbitrations shall apply only to that award and cannot be used as stare decisis, collateral estoppel, res judicata, or binding precedent as to any other public sector arbitration award."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	By Request