REPORT TITLE:
Collect. Bargaining; Disputes


DESCRIPTION:
Requires labor relations board to decide all disputes within 90
days after close of the hearing and the decisions in writing
within 30 days of the decision.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1479        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO COLLECTIVE BARGAINING.



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

 1      SECTION 1.  Section 89-5, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  There is created a Hawaii labor relations board
 
 4 composed of three members of which (1) one member shall be
 
 5 representative of management, (2) one member shall be
 
 6 representative of labor, and (3) the third member, the
 
 7 chairperson, shall be representative of the public.  All members
 
 8 shall be appointed by the governor for terms of six years each.
 
 9 Public employers and employee organizations representing public
 
10 employees may submit to the governor for consideration names of
 
11 persons representing their interests to serve as members of the
 
12 board and the governor shall first consider these persons in
 
13 selecting the members of the board to represent management and
 
14 labor.  Each member shall hold office until the member's
 
15 successor is appointed and qualified.  Because cumulative
 
16 experience and continuity in office are essential to the proper
 
17 administration of this chapter, it is declared to be in the
 
18 public interest to continue board members in office as long as
 
19 efficiency is demonstrated, notwithstanding the provision of
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 section 26-34, which limits the appointment of a member of a
 
 2 board or commission to two terms.
 
 3      The members shall devote full time to their duties as
 
 4 members of the board.  Effective January 1, 1989, and January 1,
 
 5 1990, the salary of the chairperson of the board shall be set by
 
 6 the governor within the range from $69,748 to $74,608 and $72,886
 
 7 to $77,966 a year, respectively, and the salary of each of the
 
 8 other members shall be ninety-five per cent of the chairperson's
 
 9 salary.  No member shall hold any other public office or be in
 
10 the employment of the State or a county, or any department or
 
11 agency thereof, or any employee organization during the member's
 
12 term.
 
13      Any action taken by the board shall be by a simple majority
 
14 of the members of the board.  The board shall decide upon all
 
15 disputes brought before it within ninety days after the close of
 
16 the hearing, except those matters governed by section 89-11 for
 
17 the resolution of disputes by way of fact-finding or arbitration.
 
18 All decisions of the board shall be reduced to writing within
 
19 thirty days of the decision and shall state separately its
 
20 finding of fact and conclusions.  Any vacancy in the board shall
 
21 not impair the authority of the remaining members to exercise all
 
22 the powers of the board.  The governor may appoint an acting
 
23 member of the board during the temporary absence from the State
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 or the illness of any regular member.  An acting member, during
 
 2 the acting member's term of service, shall have the same powers
 
 3 and duties as the regular member.
 
 4      The chairperson of the board shall be responsible for the
 
 5 administrative functions of the board.  The board may appoint an
 
 6 executive officer, mediators, members of fact-finding boards,
 
 7 arbitrators, and hearing officers, and employ other assistants as
 
 8 it may deem necessary in the performance of its functions,
 
 9 prescribe their duties, and fix their compensation and provide
 
10 for reimbursement of actual and necessary expenses incurred by
 
11 them in the performance of their duties within the amounts made
 
12 available by appropriations therefor.  Section 103D-209(b)
 
13 notwithstanding, an attorney employed by the board as a full-time
 
14 staff member may represent the board in litigation, draft legal
 
15 documents for the board, and provide other necessary legal
 
16 services to the board and shall not be deemed to be a deputy
 
17 attorney general.
 
18      The board shall be within the department of labor and
 
19 industrial relations for budgetary and administrative purposes
 
20 only.  The members of the board and employees other than clerical
 
21 and stenographic employees shall be exempt from chapters 76, 77,
 
22 and 89.  Clerical and stenographic employees shall be appointed
 
23 in accordance with chapters 76 and 77.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      At the close of each fiscal year, the board shall make a
 
 2 written report to the governor of such facts as it may deem
 
 3 essential to describe its activities, including the cases and
 
 4 their dispositions, and the names, duties, and salaries of its
 
 5 officers and employees.  Copies of the report shall be
 
 6 transmitted to the legislative bodies."
 
 7      SECTION 2.  New statutory material is underscored.
 
 8      SECTION 3.  This Act shall take effect upon its approval.
 
 9 
 
10                              INTRODUCED BY:______________________