Report Title:

Collective Bargaining; Separate Unit For Educational Officers

 

Description:

Establishes a separate bargaining unit under the State's collective bargaining law for educational officers by removing from bargaining Unit 6, other DOE personnel on the same salary schedule. Places employees displaced from Unit 6 into a new bargaining Unit 14.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1036

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to EDUCation.

 

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

SECTION 1. Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (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 salary 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 salary 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, other than registered professional nurses[.]; and

(14) Personnel of the department of education, other than educational officers and faculty, who are on the same pay schedule as educational officers.

Because of the nature of work involved and the essentiality of certain occupations that require specialized training, units (9) through (13) are designated as optional appropriate bargaining units. Employees in any of these optional units may vote either for separate units or for inclusion in their respective units (1) through (4). If a majority of the employees in any optional unit desire to constitute a separate appropriate bargaining unit, supervisory employees may be included in the unit by mutual agreement among supervisory and nonsupervisory employees within the unit; if supervisory employees are excluded, the appropriate bargaining unit for these supervisory employees shall be (2) or (4), as the case may be.

The compensation plans for blue-collar positions pursuant to section 77-5 and for white-collar positions pursuant to section 77-13, the salary schedules for teachers pursuant to section 302A-624 and for educational officers pursuant to section 302A-625, and the appointment and classification of faculty pursuant to sections 304-11 and 304-13, existing on July 1, 1970, 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, but, in addition, the nature of the work, including whether or not a major portion of the working time of a supervisory employee is spent as part of a crew or team with nonsupervisory employees, shall also be considered."

SECTION 2. Act 253, Session Laws of Hawaii 2000, section 96, is amended by amending subsection (a) of section 89-6, Hawaii Revised Statutes, 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[.]; and

(14) Personnel of the department of education, other than educational officers and faculty, who are on the same pay schedule as educational officers."

SECTION 3. The department of human resources development, in conjunction with the department of education, shall conduct a classification study in order to better assess positions, allocations, and classifications of bargaining units (6) and (14) as established in this Act.

The department of human resources development shall be responsible for submitting a report to the legislature no later than twenty days prior to the convening of the 2002 regular session on its findings and recommendations.

SECTION 4. Members of bargaining unit (6) who are in service on the effective date of this Act and who are affected by this Act shall have the option to remain a member of bargaining unit (6) or be transferred to bargaining unit (14). Any such election shall be made on a one-time only basis and executed by the member by July 1, 2004.

All employees of the department of education other than educational officers and faculty, who are on the same pay schedule as educational officers and hired after the effective date of this Act shall be members of bargaining unit (14).

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 section 2 shall take effect on July 1, 2002.

INTRODUCED BY:

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