Report Title:

COLLECTIVE BARGAINING – NEGOTIATION AUTONOMY

 

Description:

Provides for the individual counties to collectively bargain contracts independent of the State.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1327

TWENTY-FIRST LEGISLATURE, 2001

 

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. Act 253, Session Laws of Hawaii 2000, is amended by amending section 96 to read as follows:

"§89-6 Appropriate bargaining units. (a) All employees, specifically noted herein, within each individual county [throughout the State] within any of the following categories shall constitute an appropriate bargaining unit unique to the individual counties. The appropriate bargaining unit for employees not so specifically noted is all employees throughout the State. The appropriate bargaining units are as follows:

(1) Nonsupervisory employees in blue collar positions in each individual county;

(2) Supervisory employees in blue collar positions in each individual county;

(3) Nonsupervisory employees in white collar positions in each individual county;

(4) Supervisory employees in white collar positions in each individual county;

(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 in each individual county;

(12) Police officers in each individual county; and

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

(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 in each individual county shall have two votes. The county councils of the individual counties shall have one vote. [t]The chief justice[, and the Hawaii health systems corporation board] shall [each] have one vote if [they] the judiciary [have] has employees in the particular bargaining unit within the individual county;

(2) For bargaining units (11) and (12), [the governor shall have four votes and the mayors shall each have one vote] the mayor of each individual county and the county council of each individual county, the mayor having two votes and the council having one;

(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 (9) and (10), the governor shall have six votes and the mayors of each county and the Hawaii health systems corporation board shall each 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) 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) 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;

(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; or

(16) Staff of the Hawaii labor relations board.

(g) 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 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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