TWENTY-EIGHTH LEGISLATURE, 2016
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 students employed by the University of Hawaii to collectively bargain.
SECTION 2. Section 89-6, Hawaii Revised Statutes, is amended 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)[
part-time graduate student assistants employed by the University of Hawaii;
(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. Section 89-11, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) If an
impasse exists between a public employer and the exclusive bargaining
representative of bargaining unit (1), nonsupervisory employees in blue collar
positions; bargaining unit (5), teachers and other personnel of the department
of education; or bargaining unit (7), faculty of the University of Hawaii and
the community college system[
,]; or bargaining unit(15), graduate
student assistants employed by the University of Hawaii, the board shall
assist in the resolution of the impasse as follows:
(1) Voluntary mediation. During the first twenty days of the date of impasse, either party may request the board to assist in a voluntary resolution of the impasse by appointing a mediator or mediators, representative of the public from a list of qualified persons maintained by the board;
(2) Mediation. If the impasse continues more than twenty days, the board shall appoint a mediator or mediators 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. The board may compel the parties to attend mediation, reasonable in time and frequency, until the fiftieth day of impasse. Thereafter, mediation shall be elective with the parties, subject to the approval of the board;
(3) Report of the board. The board shall promptly report to the appropriate legislative body or bodies the following circumstances as each occurs:
(A) The date of a tentative agreement and whether the terms thereof are confidential between the parties;
(B) The ratification or failure of ratification of a tentative agreement;
(C) The signing of a tentative agreement;
(D) The terms of a tentative agreement; or
(E) On or about the fiftieth day of impasse, the failure of mediation.
The parties shall provide the board with the requisite information; and
(4) After the fiftieth
day of impasse, the parties may resort to [
such] other remedies that are
not prohibited by any agreement pending between them, other provisions of this
chapter, or any other law."
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 January 7, 2059; provided that the collective bargaining unit established by this Act shall not be authorized to form until July 1, 2017, to allow the collective bargaining unit sufficient time to organize and plan.
Collective Bargaining; Graduate Student Assistants; University of Hawaii
Establishes a collective bargaining unit for graduate student assistants employed by the University of Hawaii. Delays formation of the graduate student assistant collective bargaining unit until 7/1/2017. (SB2398 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.