STAND. COM. REP. NO.1209-02

Honolulu, Hawaii

, 2002

RE: S.B. No. 2112

S.D. 1

H.D. 1




Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii


Your Committee on Finance, to which was referred S.B. No. 2112, S.D. 1, H.D. 1, entitled:


begs leave to report as follows:

The purpose of this bill is to improve the collective bargaining process by:

(1) Eliminating fact-finding as a means for resolving an impasse between a public employer and an exclusive representative; and

(2) Moving up the deadline for declaring an impasse in order to give the Legislature time to approve or reject the cost-items in a collective bargaining agreement before adjourning sine die.

Specifically, this bill:

(1) Requires the Hawaii Labor Relations Board (Labor Board) to declare an impasse by January 31 of the year in which a collective bargaining agreement is due to expire, rather than by April 15 of an even-numbered year;

(2) Allows the Labor Board to compel a public employer and an exclusive representative to attend mediation after the 20th day of an impasse and until the 50th day of an impasse;

(3) Requires the Labor Board to inform the appropriate legislative bodies, on or about the 50th day of an impasse, that mandatory mediation has failed to resolve the impasse;

(4) Allows a public employer and an exclusive representative, after the 50th day of an impasse, to resort to such other remedies that are not prohibited by any agreement pending between them, other provisions of the collective bargaining law, or any other law;

(5) Requires an exclusive representative to give a statement of its position on all remaining issues in dispute to a public employer and the Labor Board when the exclusive representative gives its ten-day notice of intent to strike; and

(6) Requires a public employer, within three days of receipt of a notice of intent to strike, to submit its position on the remaining issues in dispute that are included in the statement transmitted by the exclusive representative with its notice of intent to strike.

The Hawaii State Teachers Association testified in support of this measure. The Office of Collective Bargaining testified in support of the intent of this measure.

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2112, S.D. 1, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,