Report Title:

University of Hawaii

Description:

Exempts employees in bargaining unit 7, faculty of the UH and the community college system, from the procedure requiring any grievance of an adverse action resulting from an employee's failure to meet performance requirements of the employee's position to be decided by a performance judge whose decision will be final and binding.

THE SENATE

S.B. NO.

2845

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE UNIVERSITY OF HAWAII.

 

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

SECTION 1. Section 89-10.8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A public employer shall enter into written agreement with the exclusive representative setting forth a grievance procedure culminating in a final and binding decision, to be invoked in the event of any dispute concerning the interpretation or application of a written agreement. The grievance procedure shall be valid and enforceable and shall be consistent with the following:

(1) A dispute over the terms of an initial or renewed agreement shall not constitute a grievance;

(2) No employee in a position exempted from chapter 76, who serves at the pleasure of the appointing authority, shall be allowed to grieve a suspension or discharge unless the collective bargaining agreement specifically provides otherwise; and

(3) With respect to any adverse action resulting from an employee's failure to meet performance requirements of the employee's position, the grievance procedure shall provide that the final and binding decision shall be made by a performance judge as provided in this section. This paragraph shall not apply to employees in bargaining unit 7, faculty of the University of Hawaii and the community college system."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 2, 2002.

INTRODUCED BY:

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