Report Title:

Labor unions; Public and private sectors.

 

Description:

Certifies entities as exclusive representatives absent an election where no other representatives are certified as the exclusive representatives. Requires immediate collective bargaining between parties once entities are certified as exclusive representatives. Effective 07/01/2059. (HB2974 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2974

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO LABOR.

 

 

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

 


SECTION 1. Chapter 377, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"377- Streamlining union certification. Whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting on their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for those purposes, the board shall investigate the petition. If the board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the board shall not direct an election but shall certify the individual or labor organization as the representative.

377- Facilitating initial collective bargaining agreements. (a) Not later than ten days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement.

(b) If after the expiration of the ninety-day period beginning on the date on which bargaining commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the board of the existence of a dispute and request conciliation under section 377-3.

(c) If, after the expiration of the thirty-day period beginning on the date on which the request for conciliation is made under subsection (b), or such additional period as the parties may agree upon, the board is not able to bring the parties to agreement by conciliation, the board shall refer the dispute to an arbitration panel established in accordance with rules as may be prescribed by the board. The arbitration panel shall render a decision settling the dispute and the decision shall be binding upon the parties for a period of two years, unless amended during that period by written consent of this parties."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2059.