Bill Text: HI SB518 | 2010 | Regular Session | Introduced
Bill Title: Bargaining Units; Hawaii Health Systems Corporation
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB518 Detail]
Download: Hawaii-2010-SB518-Introduced.html
Report Title:
Bargaining Units; Hawaii Health Systems Corporation
Description:
Establishes separate bargaining units for the employees of the Hawaii Health Systems Corporation.
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THE SENATE |
S.B. NO. |
518 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COLLECTIVE BARGAINING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that under the present law, employees of the Hawaii health systems corporation are allocated among seven bargaining units that also include employees of other public employers. The legislature finds that a more appropriate categorization of the bargaining units requires that the employees of the Hawaii health systems corporation be separated from other employees of different public employers and be placed in separate bargaining units that are counterparts to the existing ones. The purpose of this Act is to establish seven separate bargaining units for employees of the Hawaii health systems corporation.
SECTION 2. Section 89-6, Hawaii Revised Statutes, is amended by amending subsections (a) to (d) 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 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[.];
(14) Nonsupervisory employees in blue collar positions with the Hawaii health systems corporation;
(15) Supervisory employees in blue collar positions with the Hawaii health systems corporation;
(16) Nonsupervisory employees in white collar positions with the Hawaii health systems corporation;
(17) Supervisory employees in white collar positions with the Hawaii health systems corporation;
(18) Registered professional nurses with the Hawaii health systems corporation;
(19) Institutional, health, and correctional workers with the Hawaii health systems corporation; and
(20) Professional and scientific employees with the Hawaii health systems corporation who cannot be included in any of the other bargaining units.
(b) Because of the nature of the work involved
and the essentiality of certain occupations that require specialized training,
supervisory employees who are eligible for inclusion in bargaining units (9)
through (13), or (18) through (20), shall be included in bargaining
units (9) through (13), or (18) through (20), respectively, instead of
bargaining unit (2) or (4)[.], or (15) or (17), respectively.
(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[.], and Hawaii health
systems corporation employees from other public employees. 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[,] and 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;
(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[.];
(5) For bargaining units (14) through (20), the Hawaii health systems corporation system regional boards shall have votes and the Hawaii health systems corporation board 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 89-11, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:
"(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[,]; or bargaining unit (14), nonsupervisory employees
in blue collar positions with the Hawaii health systems corporation, 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[,]; bargaining unit (15), supervisory employees in blue
collar positions with the Hawaii health systems corporation; bargaining unit
(16), nonsupervisory employees in white collar positions with the Hawaii health
systems corporation; bargaining unit (17), supervisory employees in white
collar positions with the Hawaii health systems corporation; bargaining unit
(18), registered professional nurses with the Hawaii health systems
corporation; bargaining unit (19), institutional, health, and correctional
workers with the Hawaii health systems corporation; or bargaining unit (20),
professional and scientific employees with the Hawaii health systems
corporation, 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 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
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; provided that the amendments made to section 89-6, Hawaii Revised Statutes, shall not be repealed when that section is reenacted on July 1, 2010, pursuant to section 1 of Act 5, Special Session Laws of Hawaii 2008.
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INTRODUCED BY: |
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