Labor Unions; Private Sector
Certifies entities as exclusive representatives without an election where no other representatives are certified as the exclusive bargaining representatives for employers with an annual gross revenue of $5 million or more. Requires immediate collective bargaining between parties once entities are certified as exclusive representatives. Makes it a violation for an employer or employee to commit unfair or prohibited practices interfering with an employer's or employee's statutory rights or discriminating against an employer or an employee for exercising protected conduct, subject to a civil penalty of up to $10,000 per violation. Effective July 1, 2009. (HB952 CD1)
HOUSE OF REPRESENTATIVES
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO LABOR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 377, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§377- Streamlining union certification. (a) When an employee, group of employees, or any individual or labor organization acting on their behalf, files a petition alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for those purposes, the board shall investigate the petition. If the board finds that a majority of the employees in a unit appropriate for bargaining have signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative, and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the board shall certify the individual or labor organization as the representative without directing an election similar to that under section 377-1(11).
(b) The board shall adopt rules governing the certification of an exclusive representative under this section and shall have the final determination on any controversy concerning the eligibility of an employee to sign an authorization card and the validity of an employee's signature on an authorization card.
(c) For the purposes of this section, the term "employee" means an employee as defined in section 377-1; provided that the employee is employed by an employer with an annual gross revenue of more than $5,000,000."
§377- Facilitating initial collective bargaining agreements. (a) No later than ten days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement.
(b) If, after the expiration of the ninety-day period beginning on the date on which bargaining commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the board of the existence of a dispute and request conciliation under section 377-3.
(c) If, after the expiration of the twenty-day period beginning on the date on which the request for conciliation is made under subsection (b), or such additional period as the parties may agree upon, the conciliator is not able to bring the parties to agreement by conciliation, the board shall refer the dispute to an arbitration panel established in accordance with section 89-11(e)(2)(A) and rules as may be prescribed by the board. The arbitration panel shall render a decision settling the dispute, and the decision shall be binding upon the parties for a period of two years, unless amended during that period by written consent of the parties."
SECTION 2. Section 377-9, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) After the final hearing, the board
shall promptly make and file an order or decision, incorporating findings of
fact upon all the issues involved in the controversy and the determination of
the rights of the parties. Pending the final determination of the controversy
the board may, after hearing, make interlocutory orders which may be enforced
in the same manner as final orders. Final orders may dismiss the complaint or
require the person complained of to cease and desist from the unfair labor
practices found to have been committed, suspend the person's rights,
immunities, privileges, or remedies granted or afforded by this chapter for not
more than one year, and require the person to take [
action, including reinstatement of employees [ with or without pay, as the
board may deem proper.] and make orders in favor of employees making
them whole, including back pay with interest, costs, and attorneys' fees.
Any order may further require the person to make reports from time to time
showing the extent to which the person has complied with the order. Furthermore,
an employer or employee who wilfully or repeatedly commits unfair or prohibited
practices that interfere with the statutory rights of an employer or employees
or discriminates against an employer or employees for the exercise of protected
conduct shall be subject to a civil penalty not to exceed $10,000 for each
violation. In determining the amount of any penalty under this section, the
board shall consider the gravity of the unfair or prohibited practice and the
impact of the practice on the charging party, on other persons seeking to
exercise rights guaranteed by this section, or on public interest."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2009.