HOUSE OF REPRESENTATIVES
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO COLLECTIVE BARGAINING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to allow graduate student assistants employed by the University of Hawaii to collectively bargain.
SECTION 2. Section 89-6, Hawaii Revised Statutes, is amended to read as follows:
1. By amending subsection (a) to read:
"(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) State law enforcement officers and state
and county ocean safety and water safety officers[
(15) Graduate student assistants employed by the University of Hawaii."
2. By amending subsection (d) to read:
"(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), (13), and (14), 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; and
(4) For bargaining units (7), [
(8), and (15), 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 that case, the simple majority shall include at least one county."
3. By amending subsection (f) to read:
"(f) The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:
(1) Elected or appointed official;
(2) Member of any board or commission; provided that nothing in this paragraph shall prohibit a member of a collective bargaining unit from serving on a governing board of a charter school, on the state public charter school commission, or as a charter school authorizer established under chapter 302D;
(3) Top-level managerial and administrative personnel, including the department head, deputy or assistant to a department head, administrative officer, director, or chief of a state or county agency or major division, and legal counsel;
(4) Secretary to top-level managerial and administrative personnel under paragraph (3);
(5) Individual concerned with confidential matters affecting employee-employer relations;
(6) Part-time employee working less than
twenty hours per week, except part-time employees included in unit (5)[
and part-time graduate student assistants employed by the University of
Hawaii included in unit (15);
(7) Temporary employee of three months' duration or less;
(8) Employee of the executive office of the governor or a household employee at Washington Place;
(9) Employee of the executive office of the lieutenant governor;
(10) Employee of the executive office of the mayor;
(11) Staff of the legislative branch of the State;
(12) Staff of the legislative branches of the counties, except employees of the clerks' offices of the counties;
(13) Any commissioned and enlisted personnel of the Hawaii national guard;
(14) Inmate, kokua, patient, ward, or student of a state institution;
(15) Student help[
;], except a
graduate student assistant employed by the University of Hawaii;
(16) Staff of the Hawaii labor relations board;
(17) Employees of the Hawaii national guard youth challenge academy; or
(18) Employees of the office of elections."
SECTION 3. (a) The chief negotiator of the office of collective bargaining shall convene the prospective collective bargaining unit working group.
(b) The chief negotiator shall invite parties deemed appropriate by the chief negotiator to participate in the prospective collective bargaining unit working group.
(c) The working group shall:
(1) Collaborate with representatives of the graduate student assistants of the University of Hawaii and determine whether graduate student assistants should become members of collective bargaining unit (8), or collective bargaining unit (15) created pursuant to section 2 of this Act;
(2) Determine specific collective bargaining rights and privileges to be proposed for collective bargaining unit (15);
(3) Consider appropriate salaries, wages, other compensation, and working hour restrictions for individuals in collective bargaining unit (15); and
(4) Consider whether individuals in collective bargaining unit (15) should be provided with the right to binding arbitration or to strike.
(d) No later than twenty days prior to the convening of the regular session of 2016, the prospective collective bargaining unit working group shall submit to the legislature a report of its findings and recommendations, including any proposed legislation. The legislature shall consider the findings and recommendations of the prospective collective bargaining unit working group and determine whether the State's collective bargaining laws shall be amended.
(e) Members of the prospective collective bargaining unit working group shall receive no compensation but shall be reimbursed for expenses, including travel expenses, incurred in the performance of their duties in the working group.
(f) The prospective collective bargaining unit working group shall cease to exist on June 30, 2017.
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050; provided that section 2 shall take effect on December 31, 2016.
Collective Bargaining Units; UH Graduate Students
Establishes UH graduate student assistants as collective bargaining unit (15), effective 12/31/2016. Requires the chief negotiator for the State to establish a working group to submit recommendations on the rights and privileges of individuals in collective bargaining unit (15) to the legislature prior to the 2016 regular session. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.