STAND. COM. REP. NO.  1117-12


Honolulu, Hawaii

                , 2012


RE:   S.B. No. 2671

      S.D. 1





Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii




     Your Committee on Labor & Public Employment, to which was referred S.B. No. 2671, S.D. 1, entitled:




begs leave to report as follows:


     The purpose of this measure is to improve the efficiency and effectiveness of the Hawaii Labor Relations Board by:


     (1)  Clarifying that the Hawaii Labor Relations Board can appoint attorneys, paralegals, and other personnel to provide necessary legal services; and


     (2)  Authorizing an attorney employed by the Hawaii Labor Relations Board on a part-time or contract basis to represent the Board in litigation, draft legal documents, and perform other necessary legal services.


     The Department of Labor and Industrial Relations, Hawaii Labor Relations Board, University of Hawaii Professional Assembly, Hawaii Government Employees Association, AFSCME, Local 152, AFL-CIO, ILWU Local 142, and United Public Workers, AFSCME, Local 646, AFL-CIO testified in support of this measure.


     The Hawaii Labor Relations Board conducts hearings to decide complaints filed by public and private sector employees, employee organizations or unions, and employers alleging prohibited or unfair labor practices.  Typically, these cases involve an employer or union's failure to bargain in good faith, an employer or union's interference with an employee's right to participate in or refrain from bargaining activities, or a union's failure to fairly represent its members in the negotiation of agreements or the pursuit of grievances.  As labor issues grow in complexity, the assistance of the Board has become an increasing necessity.  Unfortunately, like many other agencies within State government, the Board has encountered severe budget restraints over the last few budget cycles leading to a significant backlog in the number of cases presently before the Board.  Your Committee finds that this measure will allow the Board to hire attorneys and paralegals to perform legal services to address this existing backlog of cases, as well as provide other necessary legal services to the Board.


     As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2671, S.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Finance.



Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,