Collective Bargaining for employees in law enforcement, health, and safety classifications.
Create a new bargaining unit for employees engaged in law enforcement, health, safety and welfare occupations.
TWENTY-SECOND LEGISLATURE, 2004
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO FAIRNESS IN COLLECTIVE BARGAINING FOR EMPLOYEES IN LAW ENFORCEMENT, HEALTH, AND SAFETY CLASSIFICATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. In the aftermath of September 11, 2001, the need to recruit, train, and retain personnel in the public sector for employment relating to law enforcement, health, safety, and welfare of the public has become increasingly important. When, as now, state and county resources are limited, priorities must be drawn up and resources allocated accordingly. The present employment classification system is an archaic remnant of a past where resources were unlimited and no discernable priorities existed. The security needs of the public require highly trained and experienced law enforcement and health and safety personnel.
Currently, there are classes of work that perform law enforcement and public health and safety related activities that for no particular discernable reason are embedded in bargaining units that perform non-law enforcement, health, and safety related activities. Those employees embedded in non-law enforcement, health, and safety bargaining units are not getting the recognition in salary and benefits they deserve. This makes it difficult for employers to recruit individuals into the training intensive, high stress, and specialized occupations and retain individuals in these positions in the longer term. Under the current system, the only way to recognize these critical employees is to dilute the employer’s limited resources by applying a wage increase that would apply to the larger majority of non-law enforcement, health, and safety positions. The current system is inefficient, wastes limited resources, and does not permit the recognition of personnel who have chosen to serve the public in law enforcement, health, and safety positions.
SECTION 2. Section 89-6, Hawaii Revised Statutes, is amended as follows:
(1) By amending subsection (a) to read as follows: "(a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit:
(1) Nonsupervisory employees in blue collar positions;
(2) Supervisory employees in blue collar positions;
(3) Nonsupervisory employees in white collar positions;
(4) Supervisory employees in white collar positions;
(5) Teachers and other personnel of the department of education under the same pay schedule, including part-time employees working less than twenty hours a week who are equal to one-half of a full-time equivalent;
(6) Educational officers and other personnel of the department of education under the same pay schedule;
(7) Faculty of the University of Hawaii and the community college system;
(8) Personnel of the University of Hawaii and the community college system, other than faculty;
(9) Registered professional nurses;
(10) Institutional, health, and correctional workers;
(12) Police officers; [
(13) Professional and scientific employees, who cannot be included in any of the other bargaining units[
(14) Law enforcement, health, and safety workers."
(2) 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), and (14), 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.
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 3. Section 89-11, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows: "(e) If an impasse exists between a public employer and the exclusive representative of bargaining unit [
(2), supervisory employees in blue collar positions; bargaining unit (3), nonsupervisory employees in white collar positions; bargaining unit (4), supervisory employees in white collar positions; bargaining unit (6), educational officers and other personnel of the department of education under the same salary schedule; bargaining unit (8), personnel of the University of Hawaii and the community college system, other than faculty, bargaining unit] (9), registered professional nurses; bargaining unit (10), institutional, health, and correctional workers; bargaining unit (11), firefighters; bargaining unit (12), police officers; or bargaining unit [ (13), professional and scientific employees,] (14), law enforcement, health, and safety workers, the board shall assist in the resolution of the impasse as follows:
(1) Mediation. During the first twenty days after the date of impasse, the board shall immediately appoint a mediator, representative of the public from a list of qualified persons maintained by the board, to assist the parties in a voluntary resolution of the impasse.
(2) Arbitration. If the impasse continues twenty days after the date of impasse, the board shall immediately notify the employer and the exclusive representative that the impasse shall be submitted to a three-member arbitration panel who shall follow the arbitration procedure provided herein.
(A) Arbitration panel. Two members of the arbitration panel shall be selected by the parties; one shall be selected by the employer and one shall be selected by the exclusive representative. The neutral third member of the arbitration panel, who shall chair the arbitration panel, shall be selected by mutual agreement of the parties. In the event that the parties fail to select the neutral third member of the arbitration panel within thirty days from the date of impasse, the board shall request the American Arbitration Association, or its successor in function, to furnish a list of five qualified arbitrators from which the neutral arbitrator shall be selected. Within five days after receipt of such list, the parties shall alternately strike names from the list until a single name is left, who shall be immediately appointed by the board as the neutral arbitrator and chairperson of the arbitration panel.
(B) Final positions. Upon the selection and appointment of the arbitration panel, each party shall submit to the panel, in writing, with copy to the other party, a final position which shall include all provisions in any existing collective bargaining agreement not being modified, all provisions already agreed to in negotiations, and all further provisions which each party is proposing for inclusion in the final agreement.
(C) Arbitration hearing. Within one hundred twenty days of its appointment, the arbitration panel shall commence a hearing at which time the parties may submit either in writing or through oral testimony, all information or data supporting their respective final positions. The arbitrator, or the chairperson of the arbitration panel together with the other two members, are encouraged to assist the parties in a voluntary resolution of the impasse through mediation, to the extent practicable throughout the entire arbitration period until the date the panel is required to issue its arbitration decision.
(D) Arbitration decision. Within thirty days after the conclusion of the hearing, a majority of the arbitration panel shall reach a decision pursuant to subsection (f) on all provisions that each party proposed in its respective final position for inclusion in the final agreement and transmit a preliminary draft of its decision to the parties. The parties shall review the preliminary draft for completeness, technical correctness, and clarity and may mutually submit to the panel any desired changes or adjustments that shall be incorporated in the final draft of its decision. Within fifteen days after the transmittal of the preliminary draft, a majority of the arbitration panel shall issue the arbitration decision."
SECTION 4. The employers and public sector unions shall meet and consult to submit to the legislature, twenty days prior to the regular session of 2005, a report identifying all those workers and corresponding classes of work that would meet the definition of and be migrated over to this newly created bargaining unit (14), law enforcement, health, and safety workers. The report to the legislature shall include any and all statutory amendments required to formalize the creation, establishment, and migration of employees to this new bargaining unit without loss of accrued benefits, seniority, and wages.
SECTION 5. The newly established bargaining unit (14), shall take effect no later than July 1, 2005.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
Section 7. This Act shall take effect upon its approval.