Bill Text: HI HB2012 | 2016 | Regular Session | Amended
Bill Title: Employer-Union Health Benefits Trust Fund; Collective Bargaining; Public Employees
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2016-03-23 - The committee on JDL deferred the measure. [HB2012 Detail]
Download: Hawaii-2016-HB2012-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2012 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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 89-9, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) The employer and the exclusive representative shall meet at reasonable times, including meetings sufficiently in advance of the February 1 impasse date under section 89-11, and shall negotiate in good faith with respect to wages, hours, the benefits and amounts of contributions by the State and respective counties to the Hawaii employer-union health benefits trust fund to the extent allowed in subsection (e), and other terms and conditions of employment which are subject to collective bargaining and which are to be embodied in a written agreement as specified in section 89-10, but such obligation does not compel either party to agree to a proposal or make a concession.
2. By amending subsections (d) and (e) to read:
"(d) Excluded from the subjects of
negotiations are matters of classification, reclassification, [benefits of
but not contributions to the Hawaii employer-union health benefits trust fund,]
recruitment, examination, initial pricing, and retirement benefits except as
provided in section 88-8(h). The employer and the exclusive representative
shall not agree to any proposal which would be inconsistent with the merit
principle or the principle of equal pay for equal work pursuant to section 76-1
or which would interfere with the rights and obligations of a public employer
to:
(1) Direct employees;
(2) Determine qualifications, standards for work, and the nature and contents of examinations;
(3) Hire, promote, transfer, assign, and retain employees in positions;
(4) Suspend, demote, discharge, or take other disciplinary action against employees for proper cause;
(5) Relieve an employee from duties because of lack of work or other legitimate reason;
(6) Maintain efficiency and productivity, including maximizing the use of advanced technology, in government operations;
(7) Determine methods, means, and personnel by which the employer's operations are to be conducted; and
(8) Take such actions as may be necessary to carry out the missions of the employer in cases of emergencies.
This subsection shall not be used to invalidate provisions of collective bargaining agreements in effect on and after June 30, 2007, and shall not preclude negotiations over the procedures and criteria on promotions, transfers, assignments, demotions, layoffs, suspensions, terminations, discharges, or other disciplinary actions as a permissive subject of bargaining during collective bargaining negotiations or negotiations over a memorandum of agreement, memorandum of understanding, or other supplemental agreement.
Violations of the procedures and criteria so negotiated may be subject to the grievance procedure in the collective bargaining agreement.
(e) Negotiations relating to the benefits of and contributions to the Hawaii employer-union health benefits trust fund shall be for the purpose of agreeing upon the benefits under the health benefits plan and amounts which the State and counties shall contribute under section 87A-32, toward the payment of the costs for a health benefits plan, as defined in section 87A-1, and group life insurance benefits, and the parties shall not be bound by the benefits and amounts contributed under prior agreements; provided that section 89-11 for the resolution of disputes by way of arbitration shall not be available to resolve impasses or disputes relating to the amounts the State and counties shall contribute to the Hawaii employer-union health benefits trust fund."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2091; provided that on June 30, 2017, this Act shall be repealed and section 89-9, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of this Act.
Report Title:
Employer-Union Health Benefits Trust Fund; Collective Bargaining; Public Employees
Description:
Specifies that the benefits of the Hawaii employer-union health benefits trust fund are subject to negotiation. (HB2012 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
