Report Title:

Public Employees

Description:

Gives the city and county of Honolulu, the counties of Hawaii, Maui, and Kauai, the University of Hawaii, and the Hawaii health systems corporation the right to negotiate their own collective bargaining agreements for their own employees, separate and apart from the State. Authorizes the UH and the Hawaii Health Systems Corporation to establish their own personnel system, separate and apart from the State.

THE SENATE

S.B. NO.

1355

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PUBLIC EMPLOYEES.

 

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

SECTION 1. The purpose of this Act is to give the city and county of Honolulu, the counties of Hawaii, Maui, and Kauai, the University of Hawaii, and the Hawaii health systems corporation the right to negotiate their own separate collective bargaining agreements with the exclusive representatives of their respective employees. This Act is also intended to give the University of Hawaii and the Hawaii health systems corporation the right to establish their own separate personnel system for their respective employees.

SECTION 2. Section 76-1, Hawaii Revised Statutes, is amended to read as follows:

"76-1 Purposes; merit principle. It is the purpose of this chapter to require each jurisdiction to establish and maintain a separately administered civil service system based on the merit principle. The merit principle is the selection of persons based on their fitness and ability for public employment and the retention of employees based on their demonstrated appropriate conduct and productive performance. It is also the purpose of this chapter to build a career service in government, free from coercive political influences, to render impartial service to the public at all times, according to the dictates of ethics and morality and in compliance with all laws.

In order to achieve these purposes, it is the declared policy of the State that the human resource program within each jurisdiction be administered in accordance with the following:

(1) Equal opportunity for all in compliance with all laws prohibiting discrimination. No person shall be discriminated against in examination, appointment, reinstatement, reemployment, promotion, transfer, demotion, or removal, with respect to any position when the work may be efficiently performed by the person without hazard or danger to the health and safety of the person or others;

(2) Impartial selection of individuals for public service by means of competitive tests which are fair, objective, and practical;

(3) Incentives for competent employees within the service, whether financial or promotional opportunities and other performance based group and individual awards that encourage continuous improvement to achieve superior performance;

(4) Reasonable job security for competent employees and discharge of unnecessary or inefficient employees with the right to grieve and appeal personnel actions through the:

(A) Contractual grievance procedure for employees covered by chapter 89; or

(B) Internal complaint procedures and the merit appeals board for employees excluded from coverage under chapter 89; and

(5) [Equal pay for equal work shall apply between classes in the same bargaining unit among jurisdictions for those classes determined to be equal through systematic classification of positions based on objective criteria and adequate job evaluation, unless it has been agreed in accordance with chapter 89 to negotiate the repricing of classes; and

(6)] Harmonious and cooperative relations between government and its employees, including employee organizations representing them, to develop and maintain a well-trained, efficient, and productive work force that utilizes advanced technology to ensure effective government operations and delivery of public services."

SECTION 3. Section 76-11, Hawaii Revised Statutes, is amended by amending the definition of "chief executive" to read as follows:

""Chief executive" means the governor, the respective mayors, the chief justice of the supreme court, [and] the chief executive officer of the Hawaii health systems corporation[.], and the president of the University of Hawaii. It may include the superintendent of education [and the president of the University of Hawaii] with respect to [their] employees of the department of education on any matter that applies to employees in general, including employees not covered by this chapter."

SECTION 4. Section 76-13.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Each director shall establish, implement, and maintain one or more classification systems covering all civil service positions, not otherwise exempted by rules. [The classification systems shall be constructed with the objective of achieving equal pay for equal work as provided in section 76-1.] The director shall adopt rules that allow for the administrative review of classification and initial pricing actions."

SECTION 5. Section 89-2, Hawaii Revised Statutes, is amended by amending the definition of "jurisdiction" to read as follows:

""Jurisdiction" means the State, the city and county of Honolulu, the county of Hawaii, the county of Maui, the county of Kauai, the judiciary, [and] the Hawaii health systems corporation[.], and the University of Hawaii.

SECTION 6. Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) [For the purpose of negotiating a collective bargaining agreement, the public employer of an appropriate bargaining unit shall mean the governor together with the following employers:

(1) For bargaining units (1), (2), (3), (4), (9), (10), and (13), the governor shall have six votes and the mayors, the chief justice, and the Hawaii health systems corporation board shall each have one vote if they have employees in the particular bargaining unit;

(2) For bargaining units (11) and (12), the governor shall have four votes and the mayors shall each have one vote;

(3) For bargaining units (5) and (6), the governor shall have three votes, the board of education shall have two votes, and the superintendent of education shall have one vote;

(4) For bargaining units (7) and (8), the governor shall have three votes, the board of regents of the University of Hawaii shall have two votes, and the president of the University of Hawaii shall have one vote.] The following employers shall have the right

to negotiate their own collective bargaining agreements with the exclusive representatives of their respective employees:

(1) The mayor of the city and county of Honolulu for the employees of the city and county of Honolulu;

(2) The mayor of the county of Hawaii for the employees of the county of Hawaii.

(3) The mayor of the county of Maui for the employees of the county of Maui;

(4) The mayor of the county of Kauai for the employees of the county of Kauai;

(5) The Hawaii health systems corporation board for the employees of the Hawaii health systems corporation;

(6) The board of regents for the employees of the University of Hawaii;

(7) For all other state employees, the employer with the right to negotiate its own collective bargaining agreement shall be as follows:

(A) The governor for the employees in bargaining units (9) and (11);

(B) The governor, together with the board of education and the superintendent of education, for the employees in bargaining units (5) and (6). The governor shall have three votes, the board of education shall have two votes, and the superintendent of education shall have one vote;

(C) The governor, together with the chief justice of the supreme court, for the employees in bargaining units (1), (2), (3), (4), (10), and (13). The governor shall have two votes and the chief justice shall have one vote.

Any decision to be reached by the applicable employer group shall be on the basis of simple majority[, except when a bargaining unit includes county employees from more than one county. In such case, the simple majority shall include at least one county]."

SECTION 7. Section 89-10, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) [All] Except for the University of Hawaii and the Hawaii health systems corporation, all cost items shall be subject to appropriations by the appropriate legislative bodies. The employer shall submit within ten days of the date on which the agreement is ratified by the employees concerned all cost items contained therein to the appropriate legislative bodies, except that if any cost items require appropriation by the state legislature and it is not in session at the time, the cost items shall be submitted for inclusion in the governor's next operating budget within ten days after the date on which the agreement is ratified. The state legislature or the legislative bodies of the counties [acting in concert], as the case may be, may approve or reject the cost items submitted to them, as a whole. If the state legislature or the legislative body of any county rejects any of the cost items submitted to them, all cost items submitted shall be returned to the parties for further bargaining.

The University of Hawaii and the Hawaii health systems corporation shall fund their respective collective bargaining agreements within their respective available resources."

SECTION 8. Section 304-7.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Beginning in fiscal year 1998-1999, and every year thereafter, [the] general fund budget appropriations for the University of Hawaii shall be an amount not less than three times and not greater than five times the amount of regular tuition and related fee revenues estimated for that fiscal year[.]; provided that total general fund appropriations for the University of Hawaii shall not be less than total general fund allocations approved for the University of Hawaii by the governor for fiscal year 2002-2003."

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect upon its approval.

INTRODUCED BY:

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By Request