HOUSE OF REPRESENTATIVES
TWENTY-NINTH LEGISLATURE, 2018
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. Section 89-4, Hawaii Revised Statutes, is amended to read as follows:
Payroll deductions. (a) Upon receiving from an exclusive
representative a written statement specifying the amount of regular dues
required of its members in the appropriate bargaining unit, the employer shall
deduct this amount from the payroll of every member employee in the appropriate
bargaining unit and remit the amount to the exclusive representative. Additionally, the employer shall deduct an
amount equivalent to the regular dues from the payroll of every nonmember
employee in the appropriate bargaining unit, and shall remit the amount to the
exclusive representative; provided that the deduction from the payroll of every
nonmember employee shall be made only for an exclusive representative [
that provides for a procedure for determining the amount of a refund to
any employee who demands the return of any part of the deduction [ which]
that represents the employee's pro rata share of expenditures made by
the exclusive representative for activities of a political and ideological
nature unrelated to terms and conditions of employment. If a nonmember employee objects to the amount
to be refunded, the nonmember employee may petition the board for review
thereof within fifteen days after notice of the refund has been received. If an employee organization is no longer the
exclusive representative of the appropriate bargaining unit, the deduction from
the payroll of members and nonmembers shall terminate.
(b) The employer shall, upon written authorization by an employee, executed at any time after the employee's joining an employee organization, deduct from the payroll of the employee the amount of membership dues, initiation fees, group insurance premiums, and other association benefits and shall remit the amount to the employee organization designated by the employee.
(c) The employer shall continue all payroll
assignments authorized by an employee prior to July 1, 1970, and all
assignments authorized under subsection (b) until the employee provides
written notification [
is submitted by an employee] within thirty
days before the anniversary date of the employee's execution of the written
authorization under subsection (b), to the employee's exclusive representative
to discontinue the employee's assignments.
The employee's exclusive representative shall provide a copy of the
employee's written notification to the employer within ten business days of
receipt from the employee.
(d) If any provision of this section, or application thereof to any person or circumstances, is held invalid, the remainder of the section, or the application of the provision to other persons or circumstances, shall not be affected thereby."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Collective Bargaining; Employee Payroll Deductions
Requires public employees in collective bargaining units to provide written notification to the exclusive representative to discontinue payroll assignments within a certain time period. Requires the exclusive representative to forward the notification to the employer within ten business days of receipt. (HB1725 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.