Report Title:

Collective Bargaining; Supplemental or Memorandum of Agreement for Furlough Program for State Employees

 

Description:

Provides that a state employer and exclusive representative may enter into a supplemental or memorandum of agreement to establish a furlough program for state employees from 7/1/09 to 6/30/11.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

530

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO PUBLIC EMPLOYEES.

 

 

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

 


     SECTION 1.  The purpose of this Act is to expressly authorize a state employer and exclusive representative to enter into a supplemental or memorandum of agreement to establish a furlough program for state employees from July 1, 2009, until June 30, 2011.

     SECTION 2.  Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  In addition to a collective bargaining agreement under subsection (d), each employer may negotiate, independently of one another, supplemental agreements that apply to their respective employees; provided that any supplemental agreement reached between the employer and the exclusive representative shall not extend beyond the term of the applicable collective bargaining agreement and shall not require ratification by employees in the bargaining unit.

     Notwithstanding the preceding paragraph, each state employer may negotiate, independently of one another and of any county employer, a supplemental or memorandum of agreement to establish a furlough program applicable from July 1, 2009, until June 30, 2011, only to state employees.  Under the furlough program, an employee covered by the agreement may be furloughed without pay for not more than one day per month.  Such an agreement shall not require ratification by employees covered by the agreement or by county employees belonging to the same bargaining unit."

     SECTION 3.  Section 89-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any collective bargaining agreement reached between the employer and the exclusive representative shall be subject to ratification by the employees concerned, except for an agreement reached pursuant to an arbitration decision.  Ratification is not required for other agreements effective during the term of the collective bargaining agreement, whether a supplemental agreement, an agreement on reopened items, or a memorandum of agreement, [[and]] any agreement to extend the term of the collective bargaining agreement[.], or, as provided under section 89-6(e), any agreement establishing a furlough program for state employees between July 1, 2009, and June 30, 2011.  The agreement shall be reduced to writing and executed by both parties.  Except for cost items and any non-cost items that are tied to or bargained against cost items, all provisions in the agreement that are in conformance with this chapter, including a grievance procedure and an impasse procedure culminating in an arbitration decision, shall be valid and enforceable and shall be effective as specified in the agreement, regardless of the requirements to submit cost items under this section and section 89-11."

     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 and shall be repealed on June 30, 2011; provided that:

     (1)  Sections 89-6(e) and 89-10(a), Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day before the effective date of this Act; and

     (2)  The amendment made to section 89-6(e) in section 2 of this Act shall not be repealed when section 89-6, Hawaii Revised Statutes, is reenacted on July 1, 2010, pursuant to Act 5, Special Session Laws of Hawaii 2008.

 

INTRODUCED BY:

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