HOUSE OF REPRESENTATIVES

H.B. NO.

1529

TWENTY-EIGHTH LEGISLATURE, 2016

H.D. 1

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.  The purpose of this Act is to allow graduate student assistants employed by the University of Hawaii to collectively bargain their wages, hours, and other terms of employment.

     SECTION 2.  Section 89-6, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit:

     (1)  Nonsupervisory employees in blue collar positions;

     (2)  Supervisory employees in blue collar positions;

     (3)  Nonsupervisory employees in white collar positions;

     (4)  Supervisory employees in white collar positions;

     (5)  Teachers and other personnel of the department of education under the same pay schedule, including part-time employees working less than twenty hours a week who are equal to one-half of a full-time equivalent;

     (6)  Educational officers and other personnel of the department of education under the same pay schedule;

     (7)  Faculty of the University of Hawaii and the community college system;

     (8)  Personnel of the University of Hawaii and the community college system, other than faculty;

     (9)  Registered professional nurses;

    (10)  Institutional, health, and correctional workers;

    (11)  Firefighters;

    (12)  Police officers;

    (13)  Professional and scientific employees, who cannot be included in any of the other bargaining units; and

    (14)  State law enforcement officers and state and county ocean safety and water safety officers[.];

provided that the foregoing list is not exclusive and shall not prevent public employees within other categories from organizing for collective bargaining purposes."

     2.  By amending subsection (f) to read:

     "(f)  The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:

     (1)  Elected or appointed official;

     (2)  Member of any board or commission; provided that nothing in this paragraph shall prohibit a member of a collective bargaining unit from serving on a governing board of a charter school, on the state public charter school commission, or as a charter school authorizer established under chapter 302D;

     (3)  Top-level managerial and administrative personnel, including the department head, deputy or assistant to a department head, administrative officer, director, or chief of a state or county agency or major division, and legal counsel;

     (4)  Secretary to top-level managerial and administrative personnel under paragraph (3);

     (5)  Individual concerned with confidential matters affecting employee-employer relations;

     (6)  Part-time employee working less than twenty hours per week, except part-time employees included in unit (5) [;] and part-time graduate student assistants employed by the University of Hawaii;

     (7)  Temporary employee of three months' duration or less;

     (8)  Employee of the executive office of the governor or a household employee at Washington Place;

     (9)  Employee of the executive office of the lieutenant governor;

    (10)  Employee of the executive office of the mayor;

    (11)  Staff of the legislative branch of the State;

    (12)  Staff of the legislative branches of the counties, except employees of the clerks' offices of the counties;

    (13)  Any commissioned and enlisted personnel of the Hawaii national guard;

    (14)  Inmate, kokua, patient, ward, or student of a state institution;

    (15)  Student help[;] except a graduate student assistant employed by the University of Hawaii;

    (16)  Staff of the Hawaii labor relations board;

    (17)  Employees of the Hawaii national guard youth challenge academy; or

    (18)  Employees of the office of elections."

     SECTION 3.  Representatives from the University of Hawaii and exclusive representatives of bargaining units that represent employees in the University of Hawaii system shall meet to discuss, determine, and agree upon the scope of negotiable items; provided that not all exclusive representatives need participate.  No later than twenty days prior to the convening of the regular session of 2017, the University of Hawaii and exclusive representatives of bargaining units that represent employees in the University of Hawaii system shall submit to the legislature a report of their findings and recommendations, including any proposed legislation.  The legislature shall consider the findings and recommendations and determine whether the State's collective bargaining laws shall be amended.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2091; provided that any negotiated collective bargaining agreement shall not take effect until July 1, 2017.


 


 

Report Title:

Collective Bargaining Units; UH Graduate Students

 

Description:

Authorizes the establishment of public employee collective bargaining units not already specifically authorized in law.  Allows part-time and full-time graduate student assistants employed by UH to collectively bargain their wages, hours, and other terms; provided that no collective bargaining agreement shall take effect prior to 7/1/2017.  Requires UH and the relevant exclusive representatives to meet and report to the Legislature.  (HB1529 HD1)

 

 

 

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