Report Title:

Collective Bargaining; Removal of Essential Employees/Positions

 

Description:

Removes throughout chapter 89, essential employees and positions, changes strike notice to 45 days.

 

THE SENATE

S.B. NO.

933

TWENTY-FIRST LEGISLATURE, 2001

 

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 89-2, Hawaii Revised Statutes, is amended by deleting the definitions of "essential employee" and "essential position".

[""Essential employee" means an employee designated by the public employer to fill an essential position.

"Essential position" means any position designated by the board as necessary to be worked in order to avoid or remove any imminent or present danger to the public health or safety, which position shall be filled by the public employer."]

SECTION 2. Section 89-12, Hawaii Revised Statutes, is amended by amending subsections (a), (b), and (c) to read as follows:

"(a) Participation in a strike shall be unlawful for any employee who (1) is not included in an appropriate bargaining unit for which an exclusive representative has been certified by the board, or (2) is included in an appropriate bargaining unit for which process for resolution of a dispute is by referral to final and binding arbitration[, or (3) is an essential employee].

(b) It shall be lawful for an employee, who is not prohibited from striking under paragraph (a) and who is in the appropriate bargaining unit involved in an impasse, to participate in a strike after (1) the requirements of section 89-11 relating to the resolution of disputes have been complied with in good faith, (2) the proceedings for the prevention of any prohibited practices have been exhausted, (3) sixty days have elapsed since the fact-finding board has made public its findings and any recommendation, (4) the exclusive representative has given a [ten-day] forty-five day notice of intent to strike to the board and to the employer.

(c)(1) If a strike, which may endanger the health or safety of the public, is about to occur or is in progress, the public employer concerned may petition the board to make an investigation. If the board finds that there is imminent or present danger to the health or safety of the public, the board shall establish specific requirements that must be complied with and which shall include, but not be limited to[:

(A) Designation of essential positions; and

(B) Any other] any requirement it deems necessary in order to avoid or remove any imminent or present danger to the health or safety of the public.

[(2) The public employer shall give notice to an essential employee:

(A) By serving or delivering a copy thereof to the essential employee being notified; or

(B) By mailing a copy thereof by certified or registered mail, return receipt requested, deliverable to the addressee only, addressed to the essential employee being notified at the essential employee's place of residence; or

(C) If service cannot be effected as set forth in (2)(A) or (2)(B) above, or if the strike is in progress, by publishing at least once a day for three consecutive days, a copy thereof in both of the newspapers having the largest general circulation in the State. After the final publication, it shall be conclusively presumed that the essential employee has received such notice.

After receipt of notice, it shall be the duty of the essential employee to contact the public employer for the essential employee's work assignment.]"

SECTION 3. Act 253, Session Laws of Hawaii 2000, section 101, is amended by amending subsections (a) and (b) of section 89-12, Hawaii Revised Statutes, to read as follows:

"(a) It shall be unlawful for any employee to participate in a strike if the employee:

(1) Is not included in the appropriate bargaining unit involved in an impasse; or

(2) Is included in the appropriate bargaining unit involved in an impasse that has been referred to arbitration for a decision[; or

(3) Is an essential employee, but only when the employee is designated to fill an essential position].

(b) It shall be lawful for an employee, who is not prohibited from striking under subsection (a) and who is in the appropriate bargaining unit involved in an impasse, to participate in a strike under the following conditions:

(1) The requirements of section 89-11 relating to the resolution of disputes have been complied with in good faith;

(2) The proceedings for the prevention of any prohibited practices have been exhausted;

(3) The collective bargaining agreement and any extension of the agreement has expired; and

(4) The exclusive representative has given a [ten-day] forty-five day notice of intent to strike to the board and to the employer."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval, provided that section 3 shall take effect on July 1, 2002.

INTRODUCED BY:

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