STAND. COM. REP. NO. 1642
RE: H.B. No. 465
Honorable Ronald D. Kouchi
President of the Senate
Thirty-First State Legislature
Regular Session of 2021
State of Hawaii
Your Committees on Judiciary and Ways and Means, to which was referred H.B. No. 465, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO COLLECTIVE BARGAINING,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Require the representative of labor on the Hawaii Labor Relations Board (HLRB) to be a person whose name has been chosen by the exclusive representatives of the collective bargaining units through a process determined by a simple majority of exclusive representatives and submitted to the Governor for appointment with the advice and consent of the Senate;
(2) Allow a simple majority of the exclusive representatives of the collective bargaining units who recommended the nominee to transmit the nominee's name directly to the Senate for confirmation if the Governor fails to do so within twenty days after their submission of the nominee's name to the Governor; and
(3) Allow a simple majority of the exclusive representatives of the collective bargaining units to remove, via a written request to the Governor, the representative of labor from the HLRB during the member's term.
Your Committees received testimony in support of this measure from the Hawai‘i State Teachers Association; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and United Public Workers, AFSCME Local 646, AFL-CIO. Your Committees received testimony in opposition to this measure from the Office of Collective Bargaining. Your Committees received comments on this measure from the Hawai‘i Labor Relations Board.
Your Committees find that that the HLRB is a quasi-judicial board with jurisdiction over state public sector collective bargaining; state private sector collective bargaining; and cases pertaining to state occupational safety and health citations and whistleblower discrimination claims. The HLRB consists of three members — the Chair, who is the representative of the public, one member who is a representative of management, and another member who is a representative of labor. All three HLRB members are appointed to six-year terms by the Governor. Under existing law, the representative of management is appointed by the Governor, who must first consider the names submitted by each county. The representative of labor is appointed by the Governor from a list of three nominees submitted by mutual agreement from a majority of the exclusive representatives of the collective bargaining units. The Governor's selection for HLRB Chair is not limited to names submitted by other parties. This measure will require the Governor to appoint with the advice and consent of the Senate, the one individual chosen by the exclusive representatives of the collective bargaining units. This measure also gives the exclusive representatives of the collective bargaining units the authority to remove, via written request to the Governor, the HLRB member representing labor if they determine, by simple majority, that the HLRB member representing labor is not effective during the member's term.
As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 465, H.D. 1, S.D. 1, and recommend that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,
DONOVAN M. DELA CRUZ, Chair
KARL RHOADS, Chair