Bill Text: HI HB1698 | 2020 | Regular Session | Amended
Bill Title: Relating To Collective Bargaining.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Enrolled - Dead) 2020-07-10 - Transmitted to Governor. [HB1698 Detail]
Download: Hawaii-2020-HB1698-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1698 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COLLECTIVE BARGAINING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 89-6, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) and (b) to read:
"(a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit:
(1) Nonsupervisory employees in blue collar positions;
(2) Supervisory employees in blue collar positions;
(3) Nonsupervisory employees in white collar positions;
(4) Supervisory employees in white collar positions;
(5) Teachers and other personnel of the department of education under the same pay schedule, including part-time employees working less than twenty hours a week who are equal to one-half of a full-time equivalent;
(6) Educational officers and other personnel of the department of education under the same pay schedule;
(7) Faculty of the University of Hawaii and the community college system;
(8) Personnel of the University of Hawaii and the community college system, other than faculty;
(9) Registered professional nurses;
(10) Institutional, health, and correctional workers;
(11) Firefighters;
(12) Police officers;
(13) Professional and
scientific employees, who cannot be included in any of the other bargaining
units; [and]
(14) State law
enforcement officers [and state]; and
(15) State and county ocean safety and water safety officers.
(b)
Because of the nature of work involved and the essentiality of certain
occupations that require specialized training, supervisory employees who are
eligible for inclusion in units (9) through [(14)] (15) shall be
included in units (9) through [(14),] (15), respectively, instead
of unit (2) or (4)."
2. By amending subsection (d) to read:
"(d) For the purpose of negotiating a collective bargaining agreement, the public employer of an appropriate bargaining unit shall mean the governor together with the following employers:
(1) For bargaining
units (1), (2), (3), (4), (9), (10), (13), [and] (14), and (15),
the governor shall have six votes and the mayors, the chief justice, and the
Hawaii health systems corporation board shall each have one vote if they have
employees in the particular bargaining unit;
(2) For bargaining units (11) and (12), the governor shall have four votes and the mayors shall each have one vote;
(3) For bargaining units (5) and (6), the governor shall have three votes, the board of education shall have two votes, and the superintendent of education shall have one vote; and
(4) For bargaining units (7) and (8), the governor shall have three votes, the board of regents of the University of Hawaii shall have two votes, and the president of the University of Hawaii shall have one vote.
Any decision to be reached by the applicable employer group shall be on the basis of simple majority, except when a bargaining unit includes county employees from more than one county. In that case, the simple majority shall include at least one county."
SECTION 2. Section 89-11, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) If an impasse exists between a public
employer and the exclusive representative of bargaining unit (2), supervisory
employees in blue collar positions; bargaining unit (3), nonsupervisory
employees in white collar positions; bargaining unit (4), supervisory employees
in white collar positions; bargaining unit (6), educational officers and other
personnel of the department of education under the same salary schedule;
bargaining unit (8), personnel of the University of Hawaii and the community
college system, other than faculty; bargaining unit (9), registered
professional nurses; bargaining unit (10), institutional, health, and
correctional workers; bargaining unit (11), firefighters; bargaining unit (12),
police officers; bargaining unit (13), professional and scientific employees; [or]
bargaining unit (14), state law enforcement officers [and]; or
bargaining unit (15), state and county ocean safety and water safety
officers, the board shall assist in the resolution of the impasse as follows:
(1) Mediation.
During the first twenty days after the date of impasse, the board shall
immediately appoint a mediator, representative of the public from a list of
qualified persons maintained by the board, to assist the parties in a voluntary
resolution of the impasse.
(2) Arbitration.
If the impasse continues twenty days after the date of impasse, the
board shall immediately notify the employer and the exclusive representative
that the impasse shall be submitted to a three-member arbitration panel who
shall follow the arbitration procedure provided herein.
(A) Arbitration panel. Two members of the arbitration panel shall be
selected by the parties; one shall be selected by the employer and one shall be
selected by the exclusive representative.
The neutral third member of the arbitration panel, who shall chair the
arbitration panel, shall be selected by mutual agreement of the parties. In the event that the parties fail to select
the neutral third member of the arbitration panel within thirty days from the
date of impasse, the board shall request the American Arbitration Association,
or its successor in function, to furnish a list of five qualified and
experienced interest arbitrators from which the neutral arbitrator shall be
selected. Within five days after receipt
of the list, the parties shall alternately strike names from the list until a
single name is left, who shall be immediately appointed by the board as the
neutral arbitrator and chairperson of the arbitration panel.
(B) Final positions. Upon the selection and appointment of the
arbitration panel, each party shall submit to the panel, in writing, with copy
to the other party, a final position that shall include all provisions in any
existing collective bargaining agreement not being modified, all provisions
already agreed to in negotiations, and all further provisions that each party
is proposing for inclusion in the final agreement; provided that such
further provisions shall be limited to those specific proposals that were
submitted in writing to the other party and were the subject of collective
bargaining between the parties up to the time of the impasse, including those
specific proposals that the parties have decided to include through a written
mutual agreement. The arbitration panel
shall decide whether final positions are compliant with this provision and
which proposals may be considered for inclusion in the final agreement.
(C) Arbitration hearing. Within one hundred twenty days of its
appointment, the arbitration panel shall commence a hearing at which time the
parties may submit, either in writing or through oral testimony, all
information or data supporting their respective final positions. The arbitrator, or the chairperson of the
arbitration panel together with the other two members, are encouraged to assist
the parties in a voluntary resolution of the impasse through mediation, to the
extent practicable throughout the entire arbitration period until the date the
panel is required to issue its arbitration decision.
(D) Arbitration decision. Within thirty days after the conclusion of
the hearing, a majority of the arbitration panel shall reach a decision
pursuant to subsection (f) on all provisions that each party proposed in its
respective final position for inclusion in the final agreement and transmit a
preliminary draft of its decision to the parties. The parties shall review the preliminary
draft for completeness, technical correctness, and clarity and may mutually
submit to the panel any desired changes or adjustments that shall be
incorporated in the final draft of its decision. Within fifteen days after the transmittal of
the preliminary draft, a majority of the arbitration panel shall issue the
arbitration decision."
SECTION 3. The rights, benefits, and privileges currently enjoyed by state and county ocean safety and water safety officers, including those rights, benefits, and privileges under chapters 76, 78, 87A, and 88, Hawaii Revised Statutes, shall not be impaired or diminished as a result of these employees being transitioned to the newly created bargaining unit (15). The transition to the new bargaining unit (15) shall not result in any break in service for the affected employees. The rights, benefits, and privileges currently enjoyed by state and county ocean safety and water safety officers shall be maintained under their existing collective bargaining agreement and any successor agreement until a collective bargaining agreement is negotiated for the new bargaining unit (15).
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on January 1, 2050.
Report Title:
Collective Bargaining; State Law Enforcement Officers; State and County Ocean Safety and Water Safety Officers
Description:
Amends bargaining unit (14). Retains state law enforcement officers under bargaining unit (14). Creates a separate bargaining unit (15) for state and county ocean safety and water safety officers. Takes effect 1/1/2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
