Bill Text: HI SB2068 | 2012 | Regular Session | Introduced

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Bill Title: Collective Bargaining; Public Sector Unions; Essential Employees; City and County of Honolulu Package

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-26 - (S) The committee on JDL deferred the measure. [SB2068 Detail]

Download: Hawaii-2012-SB2068-Introduced.html

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THE SENATE	S.B. NO.	2068
TWENTY-SIXTH LEGISLATURE, 2012
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 89-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

     ""Essential employee" means an employee designated by the public employer to fill an essential position.

     "Essential position" means any position designated by the board as necessary to be worked in order to avoid or remove any imminent or present danger to public health or safety, which position shall be filled by the public employer."

     SECTION 2.  Section 89-12, Hawaii Revised Statutes, is amended to read as follows:

     "§89-12 Strikes, rights and prohibitions.  (a)  It shall be unlawful for any employee to participate in a strike if the employee:

     (1)  Is not included in the appropriate bargaining unit involved in an impasse; or

     (2)  Is included in the appropriate bargaining unit involved in an impasse that has been referred to arbitration for a decision[.], or

     (3)  Is an essential employee, but only when the employee is designated to fill an essential position.

     (b)  It shall be lawful for an employee, who is not prohibited from striking under subsection (a) and who is in the appropriate bargaining unit involved in an impasse, to participate in a strike under the following conditions:

     (1)  The requirements of section 89-11 relating to the resolution of disputes have been complied with in good faith;

     (2)  The proceedings for the prevention of any prohibited practices have been exhausted;

     (3)  The collective bargaining agreement and any extension of the agreement has expired; and

     (4)  The exclusive representative has given a ten-day notice of intent to strike, together with a statement of its position on all remaining issues in dispute, to the employer and the board.

     Within three days of receipt of the notice of intent to strike, the employer shall submit its position on the remaining issues in dispute that are included in the statement transmitted by the exclusive representative with its notice of intent to strike.  The board shall immediately release the information on the positions of the parties to the public.

     (c)  If a strike that may endanger the health or safety of the public is about to occur or is in progress, the public employer concerned may petition the board to make an investigation.  If the board finds that there is imminent or present danger to the health or safety of the public, the board shall establish specific requirements that shall be complied with and shall include, but not be limited to:

     (1)  Designation of essential positions; and

     (2)  Any other requirement it deems necessary in order to avoid or remove any imminent or present danger to the health or safety of the public.

     (d)  The public employer shall give notice to an essential employee:

     (1)  By serving or delivering a copy thereof to the essential employee being notified; or

     (2)  By mailing a copy thereof by certified or registered mail, return receipt requested, deliverable to the addressee only, addressed to the essential employee being notified at the essential employee's place of residence; or

     (3)  If service cannot be effected as set forth in subsection (d)(1) or (2) above, or if the strike is in progress, by publishing at least once a day for three consecutive days, a copy thereof in both of the newspapers having the largest general circulation in the State.  After the final publication, it shall be conclusively presumed that the essential employee has received such notice.

After receipt of notice, it shall be the duty of the essential employee to contact the public employer for the essential employee's work assignment.

     [(c)] (e)  If any employee organization or any employee is violating or failing to comply with the requirements of this section, or if there is reasonable cause to believe that an employee organization or an employee will violate or fail to comply with such requirements, the public employer affected shall, forthwith, institute appropriate proceedings in the circuit in which the violation occurs to enjoin the performance of any acts or practices forbidden by this section, or to require the employee organization or employees to comply with the requirements of this section.  Jurisdiction to hear and dispose of all actions under this section is conferred upon each circuit court, and each court may issue in compliance with chapter 380, such orders and decrees, by way of injunction, mandatory injunction, or otherwise, as may be appropriate to enforce this section.  The right to a jury trial shall not apply to any proceeding brought under this section."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	By Request

 

 

Report Title:

Collective Bargaining; Public Sector Unions; Essential Employees; City and County of Honolulu Package

 

Description:

Prohibits strikes by public employees who are designated as essential employees.

 

 

 

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