Bill Text: HI HB232 | 2017 | Regular Session | Introduced
Bill Title: Relating To Collective Bargaining.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2017-03-22 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [HB232 Detail]
Download: Hawaii-2017-HB232-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
232 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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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 by amending subsection (d) to read as follows:
"(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 either the procedures and
criteria on promotions, transfers, assignments, demotions, layoffs,
suspensions, terminations, discharges, or other disciplinary actions [as a
permissive subject of bargaining] or the implementation by the employer
of paragraphs (1) through (8), if it affects terms and conditions of
employment, during collective bargaining negotiations or negotiations over
a memorandum of agreement, memorandum of understanding, or other supplemental
agreement.
Violations of the procedures [and],
criteria, and implementation so negotiated may be subject to the
grievance procedure in the collective bargaining agreement."
SECTION 2. Section 89-13, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) It shall be a prohibited practice
for a public employer or its designated representative [wilfully] to:
(1) Interfere, restrain, or coerce any employee in the exercise of any right guaranteed under this chapter;
(2) Dominate, interfere, or assist in the formation, existence, or administration of any employee organization;
(3) Discriminate in regard to hiring, tenure, or any term or condition of employment to encourage or discourage membership in any employee organization;
(4) Discharge or otherwise discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given any information or testimony under this chapter, or because the employee has informed, joined, or chosen to be represented by any employee organization;
(5) Refuse to bargain collectively in good faith with the exclusive representative as required in section 89-9;
(6) Refuse to participate in good faith in the mediation and arbitration procedures set forth in section 89-11;
(7) Refuse or fail to comply with any provision of this chapter;
(8) Violate the terms of a collective bargaining agreement;
(9) Replace any nonessential employee for participating in a labor dispute; or
(10) Give employment preference to an individual employed during a labor dispute and whose employment termination date occurs after the end of the dispute, over an employee who exercised the right to join, assist, or engage in lawful collective bargaining or mutual aid or protection through the labor organization involved in the dispute.
(b) It shall be a prohibited practice for a
public employee or for an employee organization or its designated agent [wilfully]
to:
(1) Interfere, restrain, or coerce any employee in the exercise of any right guaranteed under this chapter;
(2) Refuse to bargain collectively in good faith with the public employer, if it is an exclusive representative, as required in section 89-9;
(3) Refuse to participate in good faith in the mediation and arbitration procedures set forth in section 89-11;
(4) Refuse or fail to comply with any provision of this chapter; or
(5) Violate the terms of a collective bargaining agreement."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed
is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2017.
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INTRODUCED BY: |
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Report Title:
Collective Bargaining; Negotiations; Prohibited Practices
Description:
Clarifies the allowable scope of collective bargaining negotiations regarding the rights and obligations of a public employer. Clarifies prohibited practices for parties to a public employment collective bargaining agreement.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
