Honolulu, Hawaii


RE: H.B. No. 2114

H.D. 2

S.D. 1




Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii




Your Committee on Labor, to which was referred H.B. No. 2114, H.D. 2, entitled:




begs leave to report as follows:


The purpose and intent of this measure is to provide 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.


Your Committee received testimony in support of this measure from the Hawaii State Teachers Association; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; State of Hawaii Organization of Police Officers; United Public Workers, AFSCME, Local 646, AFL-CIO; Hawaii Fire Fighters Association, Local 1463, IAFF, AFL-CIO; IMUAlliance; Oahu County Committee on Legislative Priorities of the Democratic Party of Hawaii; University of Hawaii Professional Assembly; and Hawaii State AFL-CIO. Your Committee received testimony in opposition to this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu and Hawaii Health Systems Corporation.


Your Committee finds that the impact of management decisions that affect terms and conditions of employment, including procedures and criteria for promotions, transfers, assignments, demotions, layoffs, suspensions, terminations, discharges, or other disciplinary actions, should be mandatory subjects of collective bargaining. Your Committee recognizes that the language in this measure remains consistent with the principle that matters affecting wages, hours, and working conditions are negotiable, subject to section 89-9(d), Hawaii Revised Statutes. Your Committee finds that this measure will serve to clarify much of the past confusion and delays as to what is negotiable and encourage good faith on behalf of all parties in the collective bargaining process.


Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.


As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2114, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2114, H.D. 2, S.D. 1, and be referred to your Committee on Ways and Means.


Respectfully submitted on behalf of the members of the Committee on Labor,