Bill Text: HI HB2496 | 2014 | Regular Session | Amended
Bill Title: Hawaii Labor Relations Board; Member Selection
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2014-05-01 - Became law without the Governor's signature, Act 074, 4/30/2014, (Gov. Msg. No. 1174). [HB2496 Detail]
Download: Hawaii-2014-HB2496-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2496 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HAWAII LABOR RELATIONS BOARD.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 89-5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (b) to read:
"(b) The board shall be composed of three
members of which (1) one member shall be representative of management, (2) one
member shall be representative of labor, and (3) the third member, the
chairperson, shall be representative of the public. All members shall be
appointed [by the governor] for terms of six years each[. Public
employers and employee organizations representing public employees may submit
to the governor for consideration names of persons to serve as members of the
board and the governor shall first consider these persons in selecting the
members of the board.] in accordance with the following procedures:
(1) The representative of management shall be appointed by the governor, who shall first consider any names submitted by the counties; provided that each county may submit no more than one name;
(2) The representative of labor shall be appointed by the governor from a list of three nominees submitted by mutual agreement of the exclusive representatives; provided that if less than three names are submitted, the governor may appoint the representative of labor without being restricted to the list of names; and
(3) The representative of the public shall be appointed by the governor."
2. By amending subsection (e) to read:
"(e) Any action taken by the board shall
be by a simple majority of the members of the board. All decisions of the
board shall be reduced to writing and shall state separately its finding of
fact and conclusions. Any vacancy in the board shall not impair the authority
of the remaining members to exercise all the powers of the board. The governor
may appoint an acting member of the board in accordance with the procedures
established in subsection (b) during the temporary absence from the State,
temporary inability to act due to recusal, or illness of any regular member.
An acting member, during the acting member's term of service, shall have the
same powers and duties as the regular member; provided that[:
(1) If the regular member is the
representative of management or labor, then employee organizations representing
public employees may submit to the governor for consideration names of persons
to serve as an acting member and the governor shall first consider these
persons in selecting an acting member;
(2) If the regular member is the
representative of management, then public employers may submit to the governor
for consideration names of persons to serve as an acting member and the
governor shall first consider these persons in selecting an acting member;
(3) Subsection] subsection (d)
shall not apply to an acting member[;] and
[(4) An] an acting member
appointed due to a regular member's recusal shall be appointed for the case in
which the recusal occurred, and the acting member's appointment shall terminate
when the final decision is filed or the case is withdrawn."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval, and apply to appointments to the Hawaii labor relations board occurring after the effective date of this Act.
Report Title:
Hawaii Labor Relations Board; Member Selection
Description:
Amends the procedures by which regular and acting members of the Hawaii Labor Relations Board are appointed by requiring the Governor, subject to certain limitations, to appoint: (1) The representative of the public; (2) The representative of management, after first considering a list of nominees submitted by the counties; and (3) The representative of labor from a list submitted by mutual agreement by the exclusive representatives. (HB2496 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
