Report Title:

Excluded Public Employees; Equity with Included Counterparts

 

Description:

Provides for wage and salary adjustments for public sector managers excluded from collective bargaining that are on par with their civil service counterparts. (HB852 HD2)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

852

TWENTY-FIRST LEGISLATURE, 2001

H.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to public employment.

 

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 107 to read as follows:

"SECTION 107. Section 89C-2, Hawaii Revised Statutes, is amended to read as follows:

"89C-2 Adjustments authorized; limitations, restrictions. Each appropriate authority may make adjustments for their respective excluded employees subject to the following guidelines and limitations:

(1) The compensation of excluded employees, whose pay is presently limited or fixed by legislative action, shall not be adjusted under this chapter and shall continue to be limited or fixed by the respective legislative body;

(2) The compensation of excluded employees exempt from civil service coverage, whose pay is set at the discretion of the appointing authority, shall continue to be adjusted at the discretion of the appointing authority from funds allowed for this purpose;

(3) Any adjustment made for excluded civil service employees shall be consistent with the merit principle and shall not diminish any rights provided under chapter 76;

(4) For excluded employees under the same classification systems as employees within collective bargaining units, adjustments shall be not less than those provided under collective bargaining agreements for employees hired on a comparable basis;

(5) For excluded employees other than those under paragraph (4), adjustments shall, to the extent practicable, uniformly apply to every excluded employee within a homogeneous grouping, such as, cabinet members or managerial employees, to ensure fairness. However, adjustments shall be equivalent to or not less than those provided under collective bargaining agreements to officers and employees in the professional and scientific employees bargaining unit. This does not preclude variable adjustments based on performance or other job criteria and specific adjustments warranted based on the nature of work performed or working conditions; and

(6) No adjustment shall be made in benefits provided under chapter 88 unless specifically authorized by that chapter, or with respect to any other matter that the legislature may specifically prohibit or limit by law.""

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2020.