STAND. COM. REP. NO. 3458

Honolulu, Hawaii

RE: H.B. No. 266

H.D. 1

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 266, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LABOR,"

begs leave to report as follows:

The purpose of this measure is to authorize a public employer and the exclusive representative of a collective bargaining unit to negotiate over the topics of:

(1) The hiring, promotions, transfers, assignments, and retention of employees;

(2) The suspension, demotion, discharge, or other disciplinary action against employees for cause; and

(3) The laying off of employees for lack of work or other legitimate reason.

Your Committee has amended this measure by deleting its contents and replacing it with the contents of S.B. No. 1352, C.D. 1, from the 2005 session.

As amended, this measure clarifies that the public employer and the exclusive representative may negotiate over the procedures and criteria on promotions, transfers, assignments, demotions, layoffs, suspensions, terminations, discharges, or other disciplinary actions. Furthermore, this measure specifies that they must negotiate over the impact of transfers, assignments, and layoffs of employees.

Your Committee finds that the negotiations over procedures and criteria of promotions, transfers, assignments, demotions, layoffs, suspension, terminations, discharges, or other disciplinary actions, and negotiations over the impact of transfers, assignments, and layoffs, are consistent with the underlying purpose of chapter 89, Hawaii Revised Statutes. Exclusive representatives and public employers have negotiated over these subject matters since 1970. However, provisions in collective bargaining agreements in effect on and after July 1, 2006, should not be subject to invalidation by reason of section 89-9(d), Hawaii Revised Statutes.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 266, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 266, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

BRIAN T. TANIGUCHI, Chair