Report Title:

Workers' Compensation

 

Description:

Provides for the arbitration of workers' compensation disputes where benefit coverage is negotiated between an employer and union. (HB2657 HD2)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

2657

TWENTY-SECOND LEGISLATURE, 2004

H.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO WORKERS' COMPENSATION.

 

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

SECTION 1. Section 386-3.5, Hawaii Revised Statutes is amended to read as follows:

"[[]§386-3.5[]] Negotiation for benefit coverage and arbitration. (a) Notwithstanding any provision of law to the contrary, any employer may determine the benefits and coverage of a policy required under this chapter through collective bargaining with an appropriate bargaining unit; provided that the bargained agreement shall be reviewed by the director to ensure that the agreement does not provide benefits and coverage less than those provided in this chapter. The director shall approve the agreement within ninety days after submittal upon a finding that the agreement provides the benefits and coverage required. This section shall not apply to collective bargaining contracts negotiated pursuant to chapter 89. The director may adopt rules pursuant to chapter 91 to implement this section.

(b) This section shall apply only to collective bargaining agreements negotiated subsequent to June 29, 1995.

(c) A policy that is a product of collective bargaining may provide for a procedure culminating in final and binding arbitration of all disputes in accordance with chapter 658A."

SECTION 2. New statutory material is underscored.

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