THIRTIETH LEGISLATURE, 2019
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 as follows:
1. By amending subsection (a) to read:
"(a) The employer and the exclusive representative shall meet at reasonable times, including meetings sufficiently in advance of the February 1 impasse date under section 89-11, and shall negotiate in good faith with respect to wages, hours, the benefits and amounts of contributions by the State and respective counties to the Hawaii employer-union health benefits trust fund to the extent allowed in subsection (e), and other terms and conditions of employment which are subject to collective bargaining and which are to be embodied in a written agreement as specified in section 89-10, but such obligation does not compel either party to agree to a proposal or make a concession."
2. By amending subsections (d) and (e) to read:
"(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 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 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 subjects of bargaining during collective bargaining negotiations or negotiations over a memorandum of agreement, memorandum of understanding, or other supplemental agreement; provided that such 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.
(e) Negotiations relating to the benefits of
and contributions to the Hawaii employer-union health benefits trust fund
shall be for the purpose of agreeing upon the benefits under the health
benefits plan and amounts [
which] that the State and counties
shall contribute under [ section] sections 87A-32[ ,] through
87A-37, toward the payment of the costs for a health benefits plan, as
defined in section 87A-1, and group life insurance benefits, and the parties
shall not be bound by the benefits and amounts contributed under prior
agreements[ ; provided that section 89-11 for the resolution of disputes by
way of arbitration shall not be available to resolve impasses or disputes
relating to the amounts the State and counties shall contribute to the Hawaii
employer-union health benefits trust fund]."
SECTION 2. Section 89-11, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:
"(g) The decision of the arbitration panel shall
be final and binding upon the parties on all provisions submitted to the
arbitration panel. [
If the parties
have reached agreement with respect to the amounts of contributions by the
State and counties to the Hawaii employer-union health benefits trust fund by
the tenth working day after the arbitration panel issues its decision, the
final and binding agreement of the parties on all provisions shall consist of
the panel's decision and the amounts of contributions agreed to by the
parties. If the parties have not reached
agreement with respect to the amounts of contributions by the State and
counties to the Hawaii employer-union health benefits trust fund by the close
of business on the tenth working day after the arbitration panel issues its
decision, the parties shall have five days to submit their respective
recommendations for such contributions to the legislature, if it is in session,
and if the legislature is not in session, the parties shall submit their
respective recommendations for such contributions to the legislature during the
next session of the legislature. In such
event, the final and binding agreement of the parties on all provisions shall
consist of the panel's decision and the amounts of contributions established by
the legislature by enactment, after the legislature has considered the
recommendations for such contributions by the parties. It is strictly understood that no member of a
bargaining unit subject to this subsection shall be allowed to participate in a
strike on the issue of the amounts of contributions by the State and counties
to the Hawaii employer-union health benefits trust fund.] The parties shall take whatever action is
necessary to carry out and effectuate the final and binding agreement. The parties may, at any time and by mutual
agreement, amend or modify the panel's decision.
reached pursuant to the decision of an arbitration panel and the amounts of
contributions by the State and counties to the Hawaii employer-union health
benefits trust fund, as provided [
herein,] in this section, shall
not be subject to ratification by the employees concerned. All items requiring any moneys for
implementation shall be subject to appropriations by the appropriate
legislative bodies and the employer shall submit all [ such] required
items within ten days after the date on which the agreement is entered into as
provided [ herein,] in this section, to the appropriate
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Collective Bargaining; Impasse; EUTF
Allows the scope of collective bargaining negotiations to include benefits. Allows collective bargaining parties to resolve impasses related to contribution disputes through binding arbitration.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.