Honolulu, Hawaii



RE:    H.B. No. 952

       H.D. 1

       S.D. 1




Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii




     Your Committee on Labor, to which was referred H.B. No. 952, H.D. 1, entitled:




begs leave to report as follows:


     The purpose of this measure is to:


     (1)  Streamline the process to certify union representation by requiring the Hawaii Labor Relations Board to certify an exclusive representative if a majority of the employees in a unit not currently represented have signed valid authorizations designating a bargaining representative, rather than holding an election; and


     (2)  Establishing a process that facilitates initial collective bargaining agreements between employers and newly certified employee representatives.


     Testimony in support of this measure was submitted by several organizations.  Testimony in opposition to this measure was submitted by three state agencies and several organizations and individuals.  Comments were submitted by one state agency and one organization.  Written testimony presented to the Committee may be reviewed on the Legislature's website.


     Your Committee finds that this measure supports workers' right to organize for the purpose of collective bargaining under Article XIII of the Hawaii Constitution and provides protections for workers against actions that would hinder them from exercising this constitutional right.


     Your Committee has amended this measure as follows:


     (1)  Making it a violation for an employer to wilfully or repeatedly commit unfair or prohibited practices interfering with an employee's statutory rights or discriminating against an employee for exercising protected conduct, subject to a civil penalty of $20,000 or less per violation;


     (2)  Eliminating the restriction on the application of this measure to employees of employers with one hundred or more employees; and


     (3)  Making technical, nonsubtantive changes for the purposes of style.


     As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 952, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 952, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.


Respectfully submitted on behalf of the members of the Committee on Labor,