Bill Text: HI SB2997 | 2012 | Regular Session | Introduced

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Bill Title: Collective Bargaining Unit; Public Employment; Vice-Principals

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-27 - (S) Referred to EDU/JDL, WAM. [SB2997 Detail]

Download: Hawaii-2012-SB2997-Introduced.html

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THE SENATE	S.B. NO.	2997
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 89-6, Hawaii Revised Statutes, is amended by amending subpart (a) to read as follows:

     "(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, except vice-principals, 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[.]; and

    (14)  Vice-principals of the department of education."

     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), 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;

     (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), and 14, the governor shall have three votes, the board of education shall have two votes, and the superintendent of education shall have one vote;

     (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."

     SECTION 3.  Section 89-7, Hawaii Revised Statutes, is amended to read as follows:

     "§89-7  Elections.  (a)  Whenever, in accordance with regulations as may be prescribed by the board pursuant to chapter 91, a petition is filed by an employee organization to determine whether or by which organization employees desire to be represented for the purpose of collective bargaining, the board shall conduct an investigation and may conduct an election where appropriate as specified herein.  A petition to decertify or to change the exclusive bargaining representative must be supported by fifty per cent of employees in an appropriate bargaining unit, through verifiable written proof of the names and signatures of employees.  Signatures of employees supporting such a petition must be obtained within two months of the date of the petition to be valid with the board.  In its investigation of the showing of interest, the board shall afford all interested parties a contested case hearing.

     (b)  In any election where none of the choices on the ballot receives a majority of the votes cast, a runoff election shall be conducted with the ballot providing for a selection between the two choices receiving the largest number of valid votes cast in the election.  The board shall certify the election results and the employee organization receiving a majority of the votes cast shall be certified as the exclusive representative of all employees in the appropriate bargaining unit for the purpose of collective bargaining.  The employee organization shall remain certified as the exclusive representative until it is replaced by another employee organization, decertified, or dissolved.

     (c)  Notwithstanding any provision of this chapter to the contrary, the employee organization representing bargaining unit (6), education officers, except vice-principals, and other personnel of the department of education under the same pay schedule, shall not be the same employee organization that represents bargaining unit (14), vice-principals of the department of education.

     [(c)] (d)  No election shall be directed by the board in any appropriate bargaining unit within which (1) a valid election has been held in the preceding twelve months; or (2) a valid collective bargaining agreement is in force and effect.

     [(d)] (e)  The board shall adopt rules and regulations consistent with this section governing the conduct of elections to determine representation, including the time, place, manner of notification, and reporting the results of elections, and the manner for filing any petition for an election and decertification election or any petition concerning the results of an election.  No mail ballots shall be permitted by the board except when for reasonable cause a specific individual would otherwise be unable to cast a ballot.  No names, addresses or information regarding the work location of employees eligible to vote shall be provided to employee organizations involved in an election.  The board shall have the final determination on any controversy concerning the eligibility of an employee to vote."

     SECTION 4.  Section 89-11, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(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, (14), vice-principals of the department of education, 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 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."

     SECTION 5.  Section 302A-619, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-619  Classification, educational officers.  The board shall classify all educational officer positions of the department and shall adopt [two] three separate classification/compensation plans for educational officers.  One classification/compensation plan shall be for principals [and vice-principals] and shall be based on the general pattern of a school administrator's career development and associated school administrator's qualification requirements.  A second classification/compensation plan shall be for vice-principals and shall be based on the general pattern of a school administrator's career development and associated school administrator's qualification requirements.  A [separate] third classification/compensation plan shall be for all other educational officers and shall be reflective of the career development pattern and qualification requirements for the respective professional field of expertise; provided that both classification/compensation plans shall include classification appeals procedures."

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

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Collective Bargaining Unit; Public Employment; Vice-Principals

 

Description:

Establishes a collective bargaining unit for vice-principals of the department of education.

 

 

 

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