Bill Text: HI SB2069 | 2012 | Regular Session | Introduced

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Bill Title: Collective Bargaining; Public Sector Unions; City & County of Honolulu Package

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-26 - (S) The committee on JDL deferred the measure. [SB2069 Detail]

Download: Hawaii-2012-SB2069-Introduced.html

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THE SENATE	S.B. NO.	2069
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.  The purpose of this bill is to amend the collective bargaining law to allow the State and the four counties to bargain separately and independently with the public sector unions.

     SECTION 2.  Section 76-1, Hawaii Revised Statutes, is amended to read as follows:

     "§76-1  Purposes; merit principle.  It is the purpose of this chapter to require each jurisdiction to establish and maintain a separately administered civil service system based on the merit principle.  The merit principle is the selection of persons based on their fitness and ability for public employment and the retention of employees based on their demonstrated appropriate conduct and productive performance.  It is also the purpose of this chapter to build a career service in government, free from coercive political influences, to render impartial service to the public at all times, according to the dictates of ethics and morality and in compliance with all laws.

     In order to achieve these purposes, it is the declared policy of the State that the human resource program within each jurisdiction be administered in accordance with the following:

     (1)  Equal opportunity for all in compliance with all laws prohibiting discrimination.  No person shall be discriminated against in examination, appointment, reinstatement, reemployment, promotion, transfer, demotion, or removal, with respect to any position when the work may be efficiently performed by the person without hazard or danger to the health and safety of the person or others;

     (2)  Impartial selection of individuals for public service by means of competitive tests which are fair, objective, and practical;

     (3)  Incentives for competent employees within the service, whether financial or promotional opportunities and other performance based group and individual awards that encourage continuous improvement to achieve superior performance;

     (4)  Reasonable job security for competent employees and discharge of unnecessary or inefficient employees with the right to grieve and appeal personnel actions through the:

         (A)  Contractual grievance procedure for employees covered by chapter 89; or

         (B)  Internal complaint procedures and the merit appeals board for employees excluded from coverage under chapter 89;

     (5)  Equal pay for equal work shall apply between classes in the same bargaining unit [among jurisdictions] for those classes determined to be equal through systematic classification of positions based on objective criteria and adequate job evaluation, unless it has been agreed in accordance with chapter 89 to negotiate the repricing of classes; and

     (6)  Harmonious and cooperative relations between government and its employees, including employee organizations representing them, to develop and maintain a well-trained, efficient, and productive work force that utilizes advanced technology to ensure effective government operations and delivery of public services."

     SECTION 3.  Section 89-2, Hawaii Revised Statutes, is amended by amending the definitions of "Employer" or "public employer", "Jurisdiction", and "Legislative body" to read as follows:

     ""Employer" or "public employer" means the governor in the case of the State, the [respective mayors] mayor of each county 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 board of regents in the case of the University of Hawaii, or the Hawaii health systems corporation board in the case of the Hawaii health systems corporation, [and] or 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.

     "Jurisdiction" means the State, the city and county of Honolulu, the county of Hawaii, the county of Maui, the county of Kauai, the judiciary, [and] or the Hawaii health systems corporation.

"Legislative body" means the legislature in the case of the State, including the judiciary, the department of education, the University of Hawaii, and the Hawaii health systems corporation; the city council, in the case of the city and county of Honolulu; [and] or the respective county councils, in the case of the counties of Hawaii, Maui, and Kauai."

     SECTION 4.  Section 89-6, Hawaii Revised Statutes, is amended to read as follows:

     "§89-6  Appropriate bargaining units.  (a)  All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit:

     (1)  Nonsupervisory employees in blue collar positions;

     (2)  Supervisory employees in blue collar positions;

     (3)  Nonsupervisory employees in white collar positions;

     (4)  Supervisory employees in white collar positions;

     (5)  Teachers and other personnel of the department of education under the same pay schedule, including part-time employees working less than twenty hours a week who are equal to one-half of a full-time equivalent;

     (6)  Educational officers and other personnel of the department of education under the same pay schedule;

     (7)  Faculty of the University of Hawaii and the community college system;

     (8)  Personnel of the University of Hawaii and the community college system, other than faculty;

     (9)  Registered professional nurses;

    (10)  Institutional, health, and correctional workers;

    (11)  Firefighters;

    (12)  Police officers; and

    (13)  Professional and scientific employees, who cannot be included in any of the other bargaining units.

     (b)  Because of the nature of work involved and the essentiality of certain occupations that require specialized training, supervisory employees who are eligible for inclusion in units (9) through (13) shall be included in units (9) through (13), respectively, instead of unit (2) or (4).

     (c)  The classification systems of each jurisdiction shall be the bases for differentiating blue collar from white collar employees, professional from institutional, health and correctional workers, supervisory from nonsupervisory employees, teachers from educational officers, and faculty from nonfaculty.  In differentiating supervisory from nonsupervisory employees, class titles alone shall not be the basis for determination.  The nature of the work, including whether a major portion of the working time of a supervisory employee is spent as part of a crew or team with nonsupervisory employees, shall be considered also.

     (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), and (13), [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;] the mayor of each county or the mayor's designated representative for county employees, the governor or the governor's designated representative for state employees, the chief justice or the chief justice's designated representative for judiciary employees, and the board of directors of the Hawaii health systems corporation for employees of the corporation.  Each public employer shall have the sole authority to negotiate collective bargaining agreements for their respective jurisdiction;

     (2)  For bargaining [units] unit (11) [and (12), the governor shall have four votes and the mayors shall each have one vote;] the mayor of each county or the mayor's designated representative for county employees and the governor or the governor's designated representative for state employees.  Each public employer shall have the sole authority to negotiate collective bargaining agreements for their respective jurisdiction;

     (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;] unit (12), the mayor of each county or the mayor's designated representative for county employees.  Each public employer shall have the sole authority to negotiate collective bargaining agreements for their respective jurisdiction.

    [(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 such case, the simple majority shall include at least one county.]

(e)  For the purpose of negotiating a collective bargaining agreement, the public employer of bargaining units (5), (6), (7) and (8) shall mean the governor together with the following employers:

(1)    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;

(2)    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 in the case of bargaining units (5), (6), (7) and (8) by the applicable employer group shall be on the basis of simple majority.

     [(e)] (f)  In addition to a collective bargaining agreement under subsection (d), each employer may negotiate[, independently of one another,] supplemental agreements that apply to their respective employees; provided that any supplemental agreement reached between the employer and the exclusive representative shall not extend beyond the term of the applicable collective bargaining agreement and shall not require ratification by employees in the bargaining unit.

     [(f)] (g)  The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:

     (1)  Elected or appointed official;

     (2)  Member of any board or commission; provided that nothing in this paragraph shall prohibit a member of a collective bargaining unit from serving on a local school board of a charter school or the charter school review panel established under chapter 302B;

     (3)  Top-level managerial and administrative personnel, including the department head, deputy or assistant to a department head, administrative officer, director, or chief of a state or county agency or major division, and legal counsel;

     (4)  Secretary to top-level managerial and administrative personnel under paragraph (3);

     (5)  Individual concerned with confidential matters affecting employee-employer relations;

     (6)  Part-time employee working less than twenty hours per week, except part-time employees included in unit (5);

     (7)  Temporary employee of three months' duration or less;

     (8)  Employee of the executive office of the governor or a household employee at Washington Place;

     (9)  Employee of the executive office of the lieutenant governor;

    (10)  Employee of the executive office of the mayor;

    (11)  Staff of the legislative branch of the State;

    (12)  Staff of the legislative branches of the counties, except employees of the clerks' offices of the counties;

    (13)  Any commissioned and enlisted personnel of the Hawaii national guard;

    (14)  Inmate, kokua, patient, ward, or student of a state institution;

    (15)  Student help;

    (16)  Staff of the Hawaii labor relations board;

    (17)  Employees of the Hawaii national guard youth challenge academy; or

    (18)  Employees of the office of elections.

     [(g)] (h) Where any controversy arises under this section, the board shall, pursuant to chapter 91, make an investigation and, after a hearing upon due notice, make a final determination on the applicability of this section to specific individuals, employees, or positions."

     SECTION 5.  Section 89-8, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Employee participation in the collective bargaining process conducted by the exclusive representative of the appropriate bargaining unit shall be permitted during regular working hours without loss of regular salary or wages.  The number of participants from each bargaining unit with over 2,500 members shall be limited to one member for each five hundred members of the bargaining unit.  For bargaining units with less than 2,500 members, there shall be at least five participants[, one of whom shall reside in each county; provided that there need not be a participant residing in each county for the bargaining unit established by section 89-6(a)(8)].  The bargaining unit shall select the participants from representative departments, divisions or sections to minimize interference with the normal operations and service of the departments, divisions or sections."

     SECTION 6.  Section 89-9, Hawaii Revised Statutes, is amended to read as follows:

     "§89-9  Scope of negotiations; consultation.  (a)  [The] An employer and the exclusive representative shall meet at reasonable times, including meetings sufficiently in advance of the February 1 impasse date under section 89-11, and shall negotiate in good faith with respect to wages, hours, the amounts of contributions by the State [and respective counties] to the Hawaii employer-union health benefits trust fund to the extent allowed in subsection (e), and other terms and conditions of employment which are subject to collective bargaining and which are to be embodied in a written agreement as specified in section 89-10, but such obligation does not compel either party to agree to a proposal or make a concession; provided that the parties may not negotiate with respect to cost items as defined by section 89-2 for the biennium 1999 to 2001, and the cost items of employees in bargaining units under section 89-6 in effect on June 30, 1999, shall remain in effect until July 1, 2001.

     (b)  The employer or the exclusive representative desiring to initiate negotiations shall notify the other party in writing, setting forth the time and place of the meeting desired and the nature of the business to be discussed, sufficiently in advance of the meeting.

     (c)  Except as otherwise provided in this chapter, all matters affecting employee relations, including those that are, or may be, the subject of a rule adopted by the employer or any director, shall be subject to consultation with the exclusive representatives of the employees concerned.  The employer shall make every reasonable effort to consult with exclusive representatives and consider their input, along with the input of other affected parties, prior to effecting changes in any major policy affecting employee relations.

     (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 the procedures and criteria on promotions, transfers, assignments, demotions, layoffs, suspensions, terminations, discharges, or other disciplinary actions as a permissive subject of bargaining during collective bargaining negotiations or negotiations over a memorandum of agreement, memorandum of understanding, or other supplemental agreement.

     Violations of the procedures and criteria so negotiated may be subject to the grievance procedure in the collective bargaining agreement.

     (e)  Negotiations relating to contributions to the Hawaii employer-union health benefits trust fund shall be for the purpose of agreeing upon the amounts which the State [and counties] or a county shall contribute under section 87-4, toward the payment of the costs for a health benefits plan, as defined in section 87-1(8), and group life insurance benefits, and the parties shall not be bound by the amounts contributed under prior agreements; provided that section 89-11 for the resolution of disputes by way of arbitration shall not be available to resolve impasses or disputes relating to the amounts the State [and counties] or a county shall contribute to the Hawaii employer-union health benefits trust fund.

     (f)  The repricing of classes within an appropriate bargaining unit in a jurisdiction may be negotiated with the employer as follows:

     (1)  At the request of the exclusive representative and at times allowed under the collective bargaining agreement, the employer shall negotiate the repricing of classes within the bargaining unit.  The negotiated repricing actions that constitute cost items shall be subject to the requirements in section 89-10; and

     (2)  If repricing has not been negotiated under paragraph (1), the employer of each jurisdiction shall ensure establishment of procedures to periodically review, at least once in five years, unless otherwise agreed to by the parties, the repricing of classes within the bargaining unit[.] in the jurisdiction.  The repricing of classes based on the results of the periodic review shall be at the discretion of the employer.  Any appropriations required to implement the repricing actions that are made at the employer's discretion shall not be construed as cost items."

     SECTION 7.  Section 89-10, Hawaii Revised Statutes, is amended to read as follows:

     "§89-10  Written agreements; enforceability; cost items.  (a)  Any collective bargaining agreement reached between the employer and the exclusive representative shall be subject to ratification by the employees [concerned,] in the bargaining unit in the employer's jurisdiction, except for an agreement reached pursuant to an arbitration decision.  Ratification is not required for other agreements effective during the term of the collective bargaining agreement, whether a supplemental agreement, an agreement on reopened items, or a memorandum of agreement, and any agreement to extend the term of the collective bargaining agreement.  The agreement shall be reduced to writing and executed by both parties.  Except for cost items and any non-cost items that are tied to or bargained against cost items, all provisions in the agreement that are in conformance with this chapter, including a grievance procedure and an impasse procedure culminating in an arbitration decision, shall be valid and enforceable and shall be effective as specified in the agreement, regardless of the requirements to submit cost items under this section and section 89-11.

     (b)  All cost items shall be subject to appropriations by the appropriate legislative bodies.  The employer shall submit within ten days of the date on which the agreement is ratified by the employees [concerned] in the bargaining unit in the employer's jurisdiction all cost items contained therein to the appropriate legislative bodies, except that if any cost items require appropriation by the state legislature and it is not in session at the time, the cost items shall be submitted for inclusion in the governor's next operating budget within ten days after the date on which the agreement is ratified.  The state legislature or the legislative [bodies] body of [the counties] a county [acting in concert], as the case may be, may approve or reject the cost items submitted to them, as a whole.  If the state legislature or the legislative body of [any] a county rejects any of the cost items submitted to [them,] it, all cost items submitted shall be returned to the parties for further bargaining.

     (c)  Because effective and orderly operations of government are essential to the public, it is declared to be in the public interest that in the course of collective bargaining, [the] each public employer and the exclusive representative for each bargaining unit shall by mutual agreement include provisions in the collective bargaining agreement for that bargaining unit for an expiration date which will be on June 30th of an odd-numbered year.

     The parties may include provisions for reopening during the term of a collective bargaining agreement; provided that cost items as defined in section 89-2 shall be subject to the requirements of this section.

     (d)  Whenever there is a conflict between the collective bargaining agreement and any of the rules adopted by [the] an employer, including civil service or other personnel policies, standards, and procedures, the terms of the agreement shall prevail; provided that the terms are not inconsistent with section 89-9(d).

     Whenever there are provisions in a collective bargaining agreement concerning a matter under chapter 76 or 78 that is negotiable under chapter 89, the terms of the agreement shall prevail; provided that the terms are not inconsistent with section 89-9(d)."

     SECTION 8.  Section 89-11, Hawaii Revised Statutes, is amended to read as follows:

     "§89-11  Resolution of disputes; impasses.  (a)  A public employer and an exclusive representative may enter, at any time, into a written agreement setting forth an alternate impasse procedure culminating in an arbitration decision pursuant to subsection (f), to be invoked in the event of an impasse over the terms of an initial or renewed agreement.  The alternate impasse procedure shall specify whether the parties desire an arbitrator or arbitration panel, how the neutral arbitrator is to be selected or the name of the person whom the parties desire to be appointed as the neutral arbitrator, and other details regarding the issuance of an arbitration decision.  When an impasse exists, the parties shall notify the board if they have agreed on an alternate impasse procedure.  The board shall permit the parties to proceed with their procedure and assist at times and to the extent requested by the parties in their procedure.  In the absence of an alternate impasse procedure, the board shall assist in the resolution of the impasse at times and in the manner prescribed in subsection (d) or (e), as the case may be.  If the parties subsequently agree on an alternate impasse procedure, the parties shall notify the board.  The board shall immediately discontinue the procedures initiated pursuant to subsection (d) or (e) and permit the parties to proceed with their procedure.

     (b)  An impasse during the term of a collective bargaining agreement on reopened items or items regarding a supplemental agreement shall not be subject to the impasse procedures in this section.  The parties may mutually agree on an impasse procedure, but if the procedure culminates in an arbitration decision, the decision shall be pursuant to subsection (f).

     (c)  An impasse over the terms of an initial or renewed agreement and the date of impasse shall be as follows:

     (1)  More than ninety days after written notice by either party to initiate negotiations, either party may give written notice to the board that an impasse exists.  The date on which the board receives notice shall be the date of impasse; and

     (2)  If neither party gives written notice of an impasse and there are unresolved issues on January 31 of a year in which the agreement is due to expire, the board shall declare on January 31 that an impasse exists and February 1 shall be the date of impasse.

     (d)  If an impasse exists between a public employer and the exclusive bargaining representative of bargaining unit (1), nonsupervisory employees in blue collar positions; bargaining unit (5), teachers and other personnel of the department of education; or bargaining unit (7), faculty of the University of Hawaii and the community college system, the board shall assist in the resolution of the impasse as follows:

     (1)  Voluntary mediation.  During the first twenty days of the date of impasse, either party may request the board to assist in a voluntary resolution of the impasse by appointing a mediator or mediators, representative of the public from a list of qualified persons maintained by the board;

     (2)  Mediation.  If the impasse continues more than twenty days, the board shall appoint a mediator or mediators representative of the public from a list of qualified persons maintained by the board, to assist the parties in a voluntary resolution of the impasse.  The board may compel the parties to attend mediation, reasonable in time and frequency, until the fiftieth day of impasse.  Thereafter, mediation shall be elective with the parties, subject to the approval of the board;

     (3)  Report of the board.  The board shall promptly report to the appropriate legislative body or bodies the following circumstances as each occurs:

         (A)  The date of a tentative agreement and whether the terms thereof are confidential between the parties;

         (B)  The ratification or failure of ratification of a tentative agreement;

         (C)  The signing of a tentative agreement;

         (D)  The terms of a tentative agreement; or

         (E)  On or about the fiftieth day of impasse, the failure of mediation.

          The parties shall provide the board with the requisite information; and

     (4)  After the fiftieth day of impasse, the parties may resort to such other remedies that are not prohibited by any agreement pending between them, other provisions of this chapter, or any other law.

     (e)  If an impasse exists between a public employer and the exclusive representative of bargaining unit (2), supervisory employees in blue collar positions; bargaining unit (3), nonsupervisory employees in white collar positions; bargaining unit (4), supervisory employees in white collar positions; bargaining unit (6), educational officers and other personnel of the department of education under the same salary schedule; bargaining unit (8), personnel of the University of Hawaii and the community college system, other than faculty; bargaining unit (9), registered professional nurses; bargaining unit (10), institutional, health, and correctional workers; bargaining unit (11), firefighters; bargaining unit (12), police officers; or bargaining unit (13), professional and scientific employees, the board shall assist in the resolution of the impasse as follows:

     (1)  Mediation.  During the first twenty days after the date of impasse, the board shall immediately appoint a mediator, representative of the public from a list of qualified persons maintained by the board, to assist the parties in a voluntary resolution of the impasse.

     (2)  Arbitration.  If the impasse continues twenty days after the date of impasse, the board shall immediately notify the affected employer and the exclusive representative that the impasse shall be submitted to a three-member arbitration panel who shall follow the arbitration procedure provided herein.

         (A)  Arbitration panel.  Two members of the arbitration panel shall be selected by the parties; one shall be selected by the employer and one shall be selected by the exclusive representative.  The neutral third member of the arbitration panel, who shall chair the arbitration panel, shall be selected by mutual agreement of the parties.  In the event that the parties fail to select the neutral third member of the arbitration panel within thirty days from the date of impasse, the board shall request the American Arbitration Association, or its successor in function, to furnish a list of five qualified arbitrators from which the neutral arbitrator shall be selected.  Within five days after receipt of such list, the parties shall alternately strike names from the list until a single name is left, who shall be immediately appointed by the board as the neutral arbitrator and chairperson of the arbitration panel.

         (B)  Final positions.  Upon the selection and appointment of the arbitration panel, each party shall submit to the panel, in writing, with copy to the other party, a final position which shall include all provisions in any existing collective bargaining agreement not being modified, all provisions already agreed to in negotiations, and all further provisions which each party is proposing for inclusion in the final agreement.

         (C)  Arbitration hearing.  Within one hundred twenty days of its appointment, the arbitration panel shall commence a hearing at which time the parties may submit either in writing or through oral testimony, all information or data supporting their respective final positions.  The arbitrator, or the chairperson of the arbitration panel together with the other two members, are encouraged to assist the parties in a voluntary resolution of the impasse through mediation, to the extent practicable throughout the entire arbitration period until the date the panel is required to issue its arbitration decision.

         (D)  Arbitration decision.  Within thirty days after the conclusion of the hearing, a majority of the arbitration panel shall reach a decision pursuant to subsection (f) on all provisions that each party proposed in its respective final position for inclusion in the final agreement and transmit a preliminary draft of its decision to the parties.  The parties shall review the preliminary draft for completeness, technical correctness, and clarity and may mutually submit to the panel any desired changes or adjustments that shall be incorporated in the final draft of its decision.  Within fifteen days after the transmittal of the preliminary draft, a majority of the arbitration panel shall issue the arbitration decision.

     (f)  An arbitration panel in reaching its decision shall give weight to the following factors and shall include in its written report or decision an explanation of how the factors were taken into account:

     (1)  The lawful authority of [the] an employer, including the ability of the employer to use special funds only for authorized purposes or under specific circumstances because of limitations imposed by federal or state laws or county ordinances, as the case may be;

     (2)  Stipulations of the parties;

     (3)  The interests and welfare of the public;

     (4)  The financial ability of [the] an employer to meet these costs; provided that [the] an employer's ability to fund cost items shall not be predicated on the premise that the employer may increase or impose new taxes, fees, or charges, or develop other sources of revenues;

     (5)  The present and future general economic condition of the [counties and] respective county for arbitrations involving a county or the State[;] for arbitrations involving the State, the judiciary, the Hawaii health systems corporation, the department of education or the University of Hawaii;

     (6)  Comparison of wages, hours, and conditions of employment of the employees involved in the arbitration proceeding with the wages, hours, and conditions of employment of other persons performing similar services, and of other state and county employees in Hawaii;

     (7)  The average consumer prices for goods or services, commonly known as the cost of living;

     (8)  The overall compensation presently received by the employees, including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received;

     (9)  Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings; and

    (10)  Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours, and conditions of employment through voluntary collective bargaining, mediation, arbitration, or otherwise between the parties, in the public service or in private employment.

     (g)  The decision of the arbitration panel shall be final and binding upon the parties on all provisions submitted to the arbitration panel.  If the parties have reached agreement with respect to the amounts of contributions by [the State and counties] a public employer to the Hawaii employer-union health benefits trust fund by the tenth working day after the arbitration panel issues its decision, the final and binding agreement of the parties on all provisions shall consist of the panel's decision and the amounts of contributions agreed to by the parties.  If the parties have not reached agreement with respect to the amounts of contributions by [the State and counties] a public employer to the Hawaii employer-union health benefits trust fund by the close of business on the tenth working day after the arbitration panel issues its decision, the parties shall have five days to submit their respective recommendations for such contributions to the [legislature,] respective legislative body if it is in session, and if [the legislature] it is not in session, the parties shall submit their respective recommendations for such contributions to the [legislature] respective legislative body during [the] its next session [of the legislature].  In such event, the final and binding agreement of the parties on all provisions shall consist of the panel's decision and [the] amounts of contributions established by the [legislature] respective legislative body by enactment, after the [legislature] respective legislative body has considered the recommendations for such contributions by the parties.  It is strictly understood that no member of a bargaining unit subject to this subsection shall be allowed to participate in a strike on the issue of the amounts of contributions by [the State and counties] a public employer to the Hawaii employer-union health benefits trust fund.  The parties shall take whatever action is necessary to carry out and effectuate the final and binding agreement.  The parties may, at any time and by mutual agreement, amend or modify the panel's decision.

     Agreements reached pursuant to the decision of an arbitration panel and the amounts of contributions by [the State and counties] a public employer to the Hawaii employer-union health benefits trust fund, as provided herein, shall not be subject to ratification by the employees concerned.  All items requiring any moneys for implementation shall be subject to appropriations by the [appropriate] respective legislative [bodies] body and [the] a public employer shall submit all such items within ten days after the date on which the agreement is entered into as provided herein, to the [appropriate] respective legislative [bodies.] body.

     (h)  Any time frame provided in an impasse procedure, whether an alternate procedure or the procedures in this section, may be modified by mutual agreement of the parties.  In the absence of a mutual agreement to modify time frames, any delay, failure, or refusal by either party to participate in the impasse procedure shall not be permitted to halt or otherwise delay the process, unless the board so orders due to an unforeseeable emergency.  The process shall commence or continue as though all parties were participating.

     (i)  Nothing in this section shall be construed to prohibit the parties from reaching a voluntary settlement on the unresolved issues at any time prior to the issuance of an arbitration decision.

     (j)  The costs and expenses for mediation provided under subsection (d) or (e) shall be borne by the board.  The costs and expenses for any other services performed by neutrals pursuant to mutual agreement of the parties and the costs for a neutral arbitrator shall be borne equally by the parties.  All other costs incurred by either party in complying with this section, including the costs of its selected member on the arbitration panel, shall be borne by the party incurring them."

     SECTION 9.  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 not employed by the employer jurisdiction involved in the impasse; or

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

     (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 in the employer jurisdiction 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 respective employer and the board.

     Within three days of receipt of the notice of intent to strike, the respective 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 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 10.  Section 89-13, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(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] a 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 11.  Section 89-17, Hawaii Revised Statutes, is amended to read as follows:

     "§89-17  List of employee organizations and exclusive representatives.  The board shall maintain a list of employee organizations.  To be recognized as such and to be included in the list, an organization shall file with the board a statement of its name, the name and address of its secretary or other officer to whom notices may be sent, the date of its organization, and its affiliations, if any, with other organizations.  No other qualifications for inclusion shall be required, but every employee organization shall notify the board promptly of any change of name or of the name and address of its secretary or other officer to whom notices may be sent, or of its affiliations.

     The board shall indicate on the list which employee organizations are exclusive representatives of appropriate bargaining units, the effective dates of their certification, and the effective date and expiration date of any agreement reached between [the] a public employer and the exclusive representative.  Copies of the list shall be made available to interested parties upon request."

     SECTION 12.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 13.  This Act shall take effect on July 1, 2013.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Collective Bargaining; Public Sector Unions; City & County of Honolulu Package

 

Description:

Allows the State and the counties to bargain separately and independently with public sector unions.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.