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 89-9, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) Excluded from the subjects of negotiations
are matters of classification, reclassification, benefits of but not
contributions to the Hawaii employer-union health benefits trust fund,
recruitment, examination, initial pricing, and retirement benefits except as
provided in section 88-8(h). The
employer and the exclusive representative shall not agree to any proposal [
that would be inconsistent with the merit principle or the principle of
equal pay for equal work pursuant to section 76-1 or [ which] that
would interfere with the rights and obligations of a public employer to:
(1) Direct employees;
(2) Determine qualifications, standards for work, and the nature and contents of examinations;
(3) Hire, promote, transfer, assign, and retain employees in positions;
(4) Suspend, demote, discharge, or take other disciplinary action against employees for proper cause;
(5) Relieve an employee from duties because of lack of work or other legitimate reason;
(6) Maintain efficiency and productivity, including maximizing the use of advanced technology, in government operations;
(7) Determine methods, means, and personnel by which the employer's operations are to be conducted; and
(8) Take [
such] actions as may be necessary
to carry out the missions of the employer in cases of emergencies.
This subsection shall not be used to
invalidate provisions of collective bargaining agreements in effect on and
after June 30, 2007, and except as otherwise provided in this chapter,
shall not preclude negotiations over the implementation of management
decisions that affect terms and conditions of employment that are subject to
collective bargaining. Further, this
subsection shall not preclude negotiations over the procedures and criteria
on promotions, transfers, assignments, demotions, layoffs, suspensions,
terminations, discharges, or other disciplinary actions as [
subject] subjects of bargaining during collective bargaining negotiations
or negotiations over a memorandum of agreement, memorandum of understanding, or
other supplemental agreement[ .] but this obligation shall not compel
either party to agree to a proposal or make a concession.
Violations of the procedures and criteria so negotiated may be subject to the grievance procedure in the collective bargaining agreement."
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.
Employment; Collective Bargaining; Scope of Negotiations
Provides that negotiations over the implementation of management decisions affecting the terms and conditions of employment that are subject to collective bargaining are not precluded from collective bargaining negotiations. Specifies that negotiations over the procedures and criteria of certain subjects of bargaining shall not compel either party to agree to a proposal or make a concession. (HB2114 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.