HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2021
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 89-5, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) The board shall be composed of three members,
of which [
one member shall be representative of management, [ (2)] one member shall
be representative of labor, and [ (3)] the third member, the chairperson,
shall be representative of the public.
All members shall be appointed for terms of six years each in accordance
with the following procedures:
(1) The representative of management shall be appointed by the governor, who may first consider any names submitted by the counties; provided that each county may submit no more than one name;
(2) The representative
of labor shall be a person who is appointed by the
from a list of three nominees submitted by mutual agreement from a
majority of the exclusive representatives;] and whose name has been submitted to the governor to
serve as the representative of labor by the exclusive representatives certified
pursuant to section 89-8. The process to
determine the nominee whose name is to be submitted to the governor shall be
determined by a simple majority of the exclusive representatives certified
pursuant to section 89-8. The governor
shall transmit the name of the person nominated to serve as the representative of
labor to the senate for advice and consent no later than twenty days after
submission of the nominee's name to the governor; provided that, if the
governor fails to nominate the person whose name has been submitted by a simple
majority of exclusive representatives in accordance with this paragraph, the
simple majority of exclusive representatives who recommended the person shall
transmit the person's name directly to the senate for confirmation; and
(3) The representative of the public shall be appointed by the governor.
(c) Each member shall hold office until the
member's successor is appointed and qualified.
Because cumulative experience and continuity in office are essential to
the proper administration of this chapter, it is declared to be in the public interest
to continue board members in office as long as efficiency is demonstrated,
notwithstanding the provision of section 26-34[
, which limits the
appointment of a member of a board or commission to two terms].
Notwithstanding the foregoing paragraph, if the representative of labor does not demonstrate the necessary ability to serve as an effective representative, as determined by a simple majority of exclusive representatives certified pursuant to section 89-8, then the representative shall be removed from office upon written request to the governor by a simple majority of the exclusive representatives authorized to nominate the representative of labor. The written request for the removal of the representative of labor shall include an effective date for the representative of labor's removal. The removal from office of a representative of labor requested pursuant this paragraph shall be executed no later than the effective date of the removal specified in the written request."
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.
Collective Bargaining; Hawaii Labor Relations Board; Labor Representative; Removal
Requires the representative of labor on the Hawaii labor relations board 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 advise and consent of the Senate. Allows a simple majority of the exclusive representatives 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 the exclusive representatives' submission of the nominee's name to the governor. Allows 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 Hawaii labor relations board during the member's term. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.