Report Title:

Public Officers and Employees; Right to Strike; UH Medical School

Description:

Defines certain members of bargaining unit (7), faculty of the University of Hawaii or the community college system who are clinical faculty at the school of medicine and are responsible for supervising residents, as essential to public health and prohibits them from striking.

HOUSE OF REPRESENTATIVES

H.B. NO.

1013

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO MEDICAL SCHOOL FACULTY.

 

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

SECTION 1. Prior to 2000, the Hawaii labor relations board designated certain positions as essential, and therefore prohibited from striking, to avoid imminent or present danger to public health or safety. Under that designation, clinical faculty of the school of medicine at the University of Hawaii who were responsible for supervising residents were deemed essential and therefore did not have the right to strike. The rationale was that without such faculty, medical school residents could not provide care to patients, and their education would be discontinued. Recognizing the threat this posed to public health and safety, the University of Hawaii and the bargaining agent for the faculty of the University of Hawaii, the University of Hawaii professional assembly, agreed that these medical faculty were essential.

The 2000 reform of the public employment laws changed the designation of those employees who are prohibited from going on strike. Now, employees in certain bargaining units are allowed to strike, whereas employees in other bargaining units are prohibited from striking. This approach has merit; however, it fails to prohibit clinical faculty at the school of medicine who are responsible for supervising residents from going on strike.

The purpose of this Act is to deem faculty of the University of Hawaii or the community college system who are clinical faculty at the school of medicine and are responsible for supervising residents essential to public health and prohibit them from striking.

SECTION 2. Section 89-11, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) If an impasse exists between a public employer and the exclusive bargaining representative of bargaining unit (1), nonsupervisory employees in blue collar positions; bargaining unit (5), teachers and other personnel of the department of education; or bargaining unit (7), faculty of the University of Hawaii and the community college system, the board shall assist in the resolution of the impasse as follows:

(1) Voluntary mediation. During the first twenty days of the date of impasse, either party may request the board to assist in a voluntary resolution of the impasse by appointing a mediator or mediators, representative of the public from a list of qualified persons maintained by the board;

(2) Mediation. If the impasse continues more than twenty days, the board shall appoint a mediator or mediators representative of the public from a list of qualified persons maintained by the board, to assist the parties in a voluntary resolution of the impasse. The board may compel the parties to attend mediation, reasonable in time and frequency, until the fiftieth day of impasse. Thereafter, mediation shall be elective with the parties, subject to the approval of the board;

(3) Report of the board. The board shall promptly report to the appropriate legislative body or bodies the following circumstances as each occurs:

(A) The date of a tentative agreement and whether the terms thereof are confidential between the parties;

(B) The ratification or failure of ratification of a tentative agreement;

(C) The signing of a tentative agreement;

(D) The terms of a tentative agreement; or

(E) On or about the fiftieth day of impasse, the failure of mediation.

The parties shall provide the board with the requisite information; and

(4) After the fiftieth day of impasse, the parties may resort to such other remedies that are not prohibited by any agreement pending between them, other provisions of this chapter, or any other law[.]; except that certain members of bargaining unit (7), faculty of the University of Hawaii or the community college system who are clinical faculty at the school of medicine and are responsible for supervising residents, are essential to public health and shall not strike."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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