Report Title:

Collective Bargaining; Public Employment

Description:

Excludes public employees covered by collective bargaining under chapter 89 from specific sections of the uniform arbitration act.

THE SENATE

S.B. NO.

1159

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATED TO COLLECTIVE BARGAINING IN PUBLIC EMPLOYMENT.

 

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

SECTION 1. The purpose of this Act is to exclude public employees covered by collective bargaining under chapter 89, Hawaii Revised Statutes (collective bargaining in public employment) from specific sections of chapter 658A Hawaii Revised Statutes (Uniform Arbitration Act). The provisions of the collective bargaining statute were intended by the legislature to allow the public employers and the exclusive representative of the public employees the latitude to mutually agree to grievance procedures and an impasse procedure culminating in final and binding arbitration that more appropriately addressed the needs and concerns of the parties. Chapter 658A, which took effect on July 1, 2002, would alter that relationship commencing with collective bargaining agreements which become effective on July 1, 2003. The effect would be a serious eroding of the intent of the legislature, which previously recognized that the modern way of administering government was to allow public employees a right to share in the decision-making process.

SECTION 2. Chapter 658A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"658A- Public employees. Sections 658A-1, 658A-2, 658A-3, 658A-4, 658A-5, 658A-6, 658A-7, 658A-8, 658A-9, 658A-10, 658A-11, 658A-12, 658A-13, 658A-14, 658A-15, 658A-16, 658A-17(c), 658A-17(d), 658A-17(e), 658A-17(f), 658A-17(g), 658A-18, 658A-21, 658A-25(c), and 658A-27 shall not apply to public employees covered by collective bargaining under chapter 89."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

By Request