Report Title:

Collective Bargaining Agreements

 

Description:

Limits the duration of any public sector collective bargaining agreement to two years. Transfers the office of collective bargaining and managed competition to the department of human resources development. (HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

641

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO COLLECTIVE BARGAINING AGREEMENTS, FINANCIAL ABILITY OF THE EMPLOYER IN IMPASSE PROCEEDINGS AND TRANSFER OF THE OFFICE OF COLLECTIVE BARGAINING.

 

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

SECTION 1. Act 253, Session Laws of Hawaii 2000, section 99, is amended by amending subsection (c) of section 89-10, Hawaii Revised Statutes, to read as follows:

"(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 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 of which will be] their respective collective bargaining agreement that provide for a duration not exceeding two years and ending 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."

SECTION 2. Act 253, Session Laws of Hawaii 2000, section 104, is amended by amending subsection (a) of section 89A-1, Hawaii Revised Statutes, to read as follows:

"(a) There shall be established within the department of human resources development an office of collective bargaining and managed competition [in the office of the governor] to assist the governor in implementation and review of the managed process of public-private competition for particular government services through the managed competition process and negotiations between the State and the exclusive representatives on matters of wages, hours, and other negotiable terms and conditions of employment."

SECTION 3. All rights, powers, functions, and duties of the office of collective bargaining are transferred to the department of human resources development.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

An officer or employee of the State who does not have tenure and who may be transferred as a consequence of this Act shall be transferred without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges; provided that such officer or employee possesses the minimum qualifications for the position to which transferred.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 4. All rules, policies, procedures, guidelines, and other material adopted or developed by the office of the governor to implement provisions of the Hawaii Revised Statutes which are reenacted or made applicable to the department of human resources development by this Act, shall remain in full force and effect until amended or repealed by the department of human resources development. In the interim, every reference to the office of the governor in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of human resources development as appropriate.

SECTION 5. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the office of the governor pursuant to the provisions of the Hawaii Revised Statutes, which are reenacted or made applicable to the department of human resources development by this Act, shall remain in full force and effect. On the effective date of this Act, every reference to the office of the governor shall be construed as a reference to the department of human resources development as appropriate.

SECTION 6. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the office of the governor relating to the functions transferred to the department of human resources development shall be transferred with the functions to which they relate.

SECTION 7. It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any such modification with reasons therefor to the legislature at its next session thereafter for review by the legislature.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval; provided that section 1 shall apply to negotiations for collective bargaining agreements that will take effect beginning with the fiscal biennium 2003-2005; and section 2 shall take effect on July 1, 2002.