CONFERENCE COMMITTEE REP. NO. 188

 

Honolulu, Hawaii

                  , 2019

 

RE:     S.B. No. 1498

        S.D. 1

        H.D. 1

        C.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

 

Sirs:

 

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1498, S.D. 1, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE HAWAII LABOR RELATIONS BOARD,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to:

 

     (1)  Broaden the powers and functions of the Hawaii Labor Relations Board (Board) to include:

 

          (A)  Determining qualifications and establishing lists of qualified persons to be available to serve as grievance arbitrators; and

 

          (B)  Resolving disputes over the qualifications and criteria for potential arbitrators selected under certain circumstances to resolve collective bargaining impasses; and

 

     (2)  Clarify that in the case that public employers and public employees are not able to agree to a neutral arbitrator to chair the panel that arbitrates an impasse, the neutral arbitrator shall be selected from a list of experienced interest arbitrators.

 

     Your Committee on Conference finds that there is a clear delineation between grievance arbitrators and interest arbitrators.  Due to the fundamental difference between resolving contractual disputes and determining the provisions of the contract, it is appropriate to segregate the functions of a grievance arbitrator and an interest arbitrator, as well as to allow the Board to resolve disputes over the qualifications and criteria of the list of qualified arbitrators.

 

     Your Committee on Conference has amended this measure by changing its effective date to upon approval.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1498, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1498, S.D. 1, H.D. 1, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

 

ON THE PART OF THE SENATE

 

____________________________

AARON LING JOHANSON

Co-Chair

 

____________________________

BRIAN T. TANIGUCHI

Chair

____________________________

STACELYNN K. M. ELI

Co-Chair

 

____________________________

DRU KANUHA

Co-Chair