REPORT TITLE Exclusion of
principals


DESCRIPTION:
Excludes principals and vice-principals from collective
bargaining.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.505
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO COLLECTIVE BARGAINING. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section HRS 89-6, Hawaii Revised Statutes, is
 
 2 amended by amending subsections (a) and (c) to read as follows:
 
 3      "�89-6 Appropriate bargaining units.(a)  All employees
 
 4 throughout the State within any of the following categories shall
 
 5 constitute an appropriate bargaining unit:
 
 6      (1)  Nonsupervisory employees in blue-collar positions;
 
 7      (2)  Supervisory employees in blue-collar positions;
 
 8      (3)  Nonsupervisory employees in white-collar positions;
 
 9      (4)  Supervisory employees in white-collar positions;
 
10      (5)  Teachers and other personnel of the department of
 
11           education under the same salary schedule, including
 
12           part-time employees working less than twenty hours a
 
13           week who are equal to one-half of a full-time
 
14           equivalent;
 
15      (6)  Educational officers and other personnel of the
 
16           department of education under the same salary schedule,
 
17           excluding principals and vice-principals;
 

 
 
 
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                                     S.B. NO.           505
                                                        
                                                        

 
 1      (7)  Faculty of the University of Hawaii and the community
 
 2           college system;
 
 3      (8)  Personnel of the University of Hawaii and the community
 
 4           college system, other than faculty;
 
 5      (9)  Registered professional nurses;
 
 6     (10)  Institutional, health, and correctional workers;
 
 7     (11)  Firefighters;
 
 8     (12)  Police officers; and
 
 9     (13)  Professional and scientific employees, other than
 
10           registered professional nurses.
 
11      Because of the nature of work involved and the essentiality
 
12 of certain occupations that require specialized training, units
 
13 (9) through (13) are designated as optional appropriate
 
14 bargaining units.  Employees in any of these optional units may
 
15 vote either for separate units or for inclusion in their
 
16 respective units (1) through (4).  If a majority of the employees
 
17 in any optional unit desire to constitute a separate appropriate
 
18 bargaining unit, supervisory employees may be included in the
 
19 unit by mutual agreement among supervisory and nonsupervisory
 
20 employees within the unit; if supervisory employees are excluded,
 
21 the appropriate bargaining unit for these supervisory employees
 
22 shall be (2) or (4), as the case may be.
 

 
 
 
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                                     S.B. NO.           505
                                                        
                                                        

 
 1      The compensation plans for blue-collar positions pursuant to
 
 2 section 77-5 and for white-collar positions pursuant to section
 
 3 77-13, the salary schedules for teachers pursuant to section
 
 4 302A-624 and for educational officers pursuant to section
 
 5 302A-625, and the appointment and classification of faculty
 
 6 pursuant to sections 304-11 and 304-13, existing on July 1, 1970,
 
 7 shall be the bases for differentiating blue-collar from white-
 
 8 collar employees, professional from institutional, health and
 
 9 correctional workers, supervisory from nonsupervisory employees,
 
10 teachers from educational officers, and faculty from nonfaculty.
 
11 In differentiating supervisory from nonsupervisory employees,
 
12 class titles alone shall not be the basis for determination, but,
 
13 in addition, the nature of the work, including whether or not a
 
14 major portion of the working time of a supervisory employee is
 
15 spent as part of a crew or team with nonsupervisory employees,
 
16 shall also be considered."
 
17      "(c)  No elected or appointed official, member of any board
 
18 or commission, representative of a public employer, including the
 
19 administrative officer, director, or chief of a state or county
 
20 department or agency, or any major division thereof, as well as
 
21 any first deputy, first assistant, legal counsel, school
 
22 principal or vice-principal and other top-level managerial and
 
23 administrative personnel, secretary to top-level managerial and
 

 
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                                     S.B. NO.           505
                                                        
                                                        

 
 1 administrative personnel, individual concerned with confidential
 
 2 matters affecting employee-employer relations, part-time employee
 
 3 working less than twenty hours per week except part-time
 
 4 employees included in unit (5), temporary employee of three
 
 5 months' duration or less, employee of the executive office of the
 
 6 governor, household employee at Washington Place, employee of the
 
 7 executive office of the mayor, staff of the legislative branch of
 
 8 the State, employee of the executive office of the lieutenant
 
 9 governor, inmate, kokua, patient, ward or student of a state
 
10 institution, student help, any commissioned and enlisted
 
11 personnel of the Hawaii national guard, or staff of the
 
12 legislative branches of the city and county of Honolulu and
 
13 counties of Hawaii, Maui, and Kauai, except employees of the
 
14 clerks' offices of said city and county and counties, shall be
 
15 included in any appropriate bargaining unit or entitled to
 
16 coverage under this chapter."
 
17      SECTION 2.  New statutory material is underscored.
 
18      SECTION 3.  This Act shall take effect upon its approval.
 
19 
 
20                           INTRODUCED BY:  _______________________
 
21 
 
22