Bill Text: HI HB865 | 2017 | Regular Session | Amended

Hawaii House Bill 865 (Prior Session Legislation)

Bill Title: Relating To Collective Bargaining.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2017-03-09 - Referred to HWN/JDL, WAM. [HB865 Detail]

Download: Hawaii-2017-HB865-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	865
TWENTY-NINTH LEGISLATURE, 2017		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO COLLECTIVE BARGAINING.

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

SECTION 1. Section 10-12, Hawaii Revised Statutes, is amended to read as follows:

"§10-12 Assistant; staff. The administrator may employ and retain [~~such~~] officers and employees as may be necessary to carry out the functions of the office. [~~Such~~] The officers [~~and employees~~] may be hired without regard to chapter 76, and shall serve at the pleasure of the administrator. The employees shall be subject to chapters 76 and 89. Officers and employees of the office of Hawaiian affairs shall be included in any benefit program generally applicable to officers and employees of the State."

SECTION 2. 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~~] seven votes and the following individuals or entities shall each have one vote if they have employees in the particular bargaining unit:

(A) The mayors[~~, the~~];

(B) The chief justice[~~, and the~~];

(C) The Hawaii health systems corporation board [~~shall each have one vote if they have employees in the particular bargaining unit~~]; and

(D) The board of trustees of the office of Hawaiian affairs as a whole;

(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 3. All existing employees of the office of Hawaiian affairs shall be conferred permanent civil service status within the meaning of chapter 76, Hawaii Revised Statutes, without the necessity of examination, without any reduction in pay, and without any loss of seniority, prior service credit, vacation and sick leave credits earned, or loss of any benefits accorded a civil service employee.

SECTION 4. The rights, benefits, and privileges currently enjoyed by employees of the office of Hawaiian affairs, including those rights, benefits, and privileges under chapters 78, 87A, and 88, Hawaii Revised Statutes, shall not be impaired or diminished as a result of these employees being transitioned to their respective bargaining unit. The transition to the new bargaining units shall not result in any break in service for the affected employees.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2030.

Report Title:

OHA; Collective Bargaining; Civil Service

Description:

Makes Office of Hawaiian Affairs (OHA) employees subject to civil service and collective bargaining rights. Gives OHA voting rights as a public employer. (HB865 HD2)

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