Bill Text: HI HB678 | 2016 | Regular Session | Introduced

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Bill Title: Charter Schools; Collective Bargaining

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [HB678 Detail]

Download: Hawaii-2016-HB678-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	678
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to charter schools.

 

 

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

 

     SECTION 1.  The legislature finds that as part of the process to provide greater autonomy to charter schools, it would be beneficial to allow charter schools increased participation in the collective bargaining process.  Increased participation in the collective bargaining process will provide the employees and governing boards of charter schools a greater voice in employment matters inherent to charter schools, such as costs, work conditions and hours, and employment qualifications.

     The legislature believes that the ability to collectively bargain effectively could promote the development and success of charter schools in Hawaii.  Under chapters 89 and 302D, Hawaii Revised Statutes, the exclusive representatives of the charter school employees have to either accept the conditions of the master agreements negotiated with the board of education or negotiate a memorandum of agreement supplemental to the master agreements.  The legislature finds that it would be more efficient and beneficial to allow representatives of charter schools to participate in the negotiation of employment terms relating to charter schools.

     The purpose of this Act is to establish a new collective bargaining dynamic for charter schools that is separate from the collective bargaining negotiations for the department of education's non charter schools.  Specifically, this Act requires, for collective bargaining on matters relating to charter schools, the public employer to consist of the governor, board of education, and representatives elected by charter school governing boards.

     SECTION 2.  Section 89-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Charter school representatives" means two people elected by a majority vote of the governing boards of the charter schools to serve as the employer for purposes of this chapter."

     SECTION 3.  Section 89-2, Hawaii Revised Statutes, is amended by amending the definition of "employer" or "public employer" to read as follows:

     ""Employer" or "public employer" means the governor in the case of the State, the respective mayors in the case of the counties, the chief justice of the supreme court in the case of the judiciary, the board of education in the case of the department of education, the charter school representatives in the case of charter schools, the board of regents in the case of the University of Hawaii, the Hawaii health systems corporation board in the case of the Hawaii health systems corporation, and any individual who represents one of these employers or acts in their interest in dealing with public employees.  In the case of the judiciary, the administrative director of the courts shall be the employer in lieu of the chief justice for purposes which the chief justice determines would be prudent or necessary to avoid conflict."

     SECTION 4.  Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(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), 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 (4), (5), and (6) on matters relating to charter schools, the governor shall have three votes, the board of education shall have one vote, and the two charter school representatives shall have one vote each; and

    [(4)] (5)  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 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:	_____________________________

 

 

Report Title:

Charter Schools; Collective Bargaining

 

Description:

Requires collective bargaining for charter school matters to be conducted between the exclusive representatives of charter school employees as the employee and the governor, board of education, and representatives elected by charter school governing boards as the employer.

 

 

 

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