REPORT TITLE:
Public School Principals;
Collective Bargaining


DESCRIPTION:
Allows all public elementary, intermediate, and high school
principals the option of exemption from collective bargaining.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1303        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO EDUCATION.
 


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

 1      SECTION 1.  The legislature finds that Hawaii's public
 
 2 education is critical to the successful future of the State's
 
 3 economy. However, public education's performance record can be
 
 4 traced in part to a true lack of accountability.
 
 5      A statewide accountability system is vital if Hawaii is to
 
 6 produce well educated students.
 
 7      The public school principal is central to the concept of
 
 8 accountability.  The school principal provides the management of
 
 9 the school.  As such, the school principal should be treated as
 
10 management, subject to the same performance goals and standards
 
11 that management faces in the private world, and provided greater
 
12 compensation to offset the risk of being a manager.
 
13      The inclusion of public school principals in collective
 
14 bargaining is counterproductive to achieving performance-based
 
15 school management.  Collective bargaining perpetuates Hawaii's
 
16 non-performance-based status quo.  Parents, teachers, and
 
17 children are all losers under the current system.
 
18      The purpose of this Act is to provide public school
 
19 principals with the option to be exempted from the collective
 

 
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 1 bargaining process, to reward them for performance, and to make
 
 2 them accountable for the success or failure of Hawaii's
 
 3 individual public schools.
 
 4      SECTION 2.  Chapter 89, Hawaii Revised Statutes, is amended 
 
 5 by adding a new section to be designated and to read as follows:
 
 6      "89-    Principal's compensation; performance-based
 
 7 contract.  If a principal exercises the option to be exempted
 
 8 from the collective bargaining process pursuant to section 89-6,
 
 9 the principal's compensation shall be tied to a two year
 
10 performance-based contract, with compensation set at a twenty per
 
11 cent increase from the principal's current salary.  The
 
12 principal's performance rating shall be evaluated by a
 
13 principal's performance rating committee as selected by the state
 
14 department of education."
 
15      SECTION 3.  Section 89-6, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "89-6 Appropriate bargaining units.(a)  All employees
 
18 throughout the State within any of the following categories shall
 
19 constitute an appropriate bargaining unit:
 
20      (1)  Nonsupervisory employees in blue-collar positions;
 
21      (2)  Supervisory employees in blue-collar positions;
 
22      (3)  Nonsupervisory employees in white-collar positions;
 
23      (4)  Supervisory employees in white-collar positions;
 

 
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 1      (5)  Teachers and other personnel of the department of
 
 2           education under the same salary schedule, including
 
 3           part-time employees working less than twenty hours a
 
 4           week who are equal to one-half of a full-time
 
 5           equivalent[;] except that principals of public
 
 6           elementary, intermediate, and high schools may exercise
 
 7           an option to be exempted from this provision and
 
 8           exercise a performance based contract pursuant to
 
 9           section 89-  ;
 
10      (6)  Educational officers and other personnel of the
 
11           department of education under the same salary
 
12           schedule[;] except that principals of public
 
13           elementary, intermediate, and high schools may exercise
 
14           an option to be exempted from this provision and
 
15           exercise a performance based contract pursuant to
 
16           section 89-  ;
 
17      (7)  Faculty of the University of Hawaii and the community
 
18           college system;
 
19      (8)  Personnel of the University of Hawaii and the community
 
20           college system, other than faculty;
 
21      (9)  Registered professional nurses;
 
22     (10)  Institutional, health, and correctional workers;
 
23     (11)  Firefighters;
 

 
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 1     (12)  Police officers; and
 
 2     (13)  Professional and scientific employees, other than
 
 3           registered professional nurses.
 
 4      Because of the nature of work involved and the essentiality
 
 5 of certain occupations that require specialized training, units
 
 6 (9) through (13) are designated as optional appropriate
 
 7 bargaining units.  Employees in any of these optional units may
 
 8 vote either for separate units or for inclusion in their
 
 9 respective units (1) through (4).  If a majority of the employees
 
10 in any optional unit desire to constitute a separate appropriate
 
11 bargaining unit, supervisory employees may be included in the
 
12 unit by mutual agreement among supervisory and nonsupervisory
 
13 employees within the unit; if supervisory employees are excluded,
 
14 the appropriate bargaining unit for these supervisory employees
 
15 shall be (2) or (4), as the case may be.
 
16      The compensation plans for blue-collar positions pursuant to
 
17 section 77-5 and for white-collar positions pursuant to section
 
18 77-13, the salary schedules for teachers, except public school
 
19 principals who exercise the option to be exempted from collective
 
20 bargaining and exercise the option to accept a performance based
 
21 contract pursuant to section 89-  , pursuant to section 302A-624
 
22 and for educational officers, except public school principals who
 
23 exercise the option to be exempted from collective bargaining and
 

 
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 1 exercise the option to accept a performance based contract
 
 2 pursuant to section 89-  , pursuant to section 302A-625, and the
 
 3 appointment and classification of faculty pursuant to sections
 
 4 304-11 and 304-13, existing on July 1, 1970, shall be the bases
 
 5 for differentiating blue-collar from white-collar employees,
 
 6 professional from institutional, health and correctional workers,
 
 7 supervisory from nonsupervisory employees, teachers from
 
 8 educational officers, and faculty from nonfaculty.  In
 
 9 differentiating supervisory from nonsupervisory employees, class
 
10 titles alone shall not be the basis for determination, but, in
 
11 addition, the nature of the work, including whether or not a
 
12 major portion of the working time of a supervisory employee is
 
13 spent as part of a crew or team with nonsupervisory employees,
 
14 shall also be considered.
 
15      (b)  For the purpose of negotiations, the public employer of
 
16 an appropriate bargaining unit shall mean the governor or the
 
17 governor's designated representatives of not less than three
 
18 together with not more than two members of the board of education
 
19 in the case of units (5) and (6), the governor or the governor's
 
20 designated representatives of not less than three together with
 
21 not more than two members of the board of regents of the
 
22 University of Hawaii in the case of units (7) and (8), and the
 
23 governor or the governor's designated representatives together
 

 
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 1 with the mayors of all the counties or their designated
 
 2 representatives in the case of the remaining units.  The
 
 3 designated employer representatives for units (5), (6), (7), and
 
 4 (8) shall each have one vote and in the case of the remaining
 
 5 units, the governor shall be entitled to four votes and the mayor
 
 6 of each county shall each have one vote, which may be assigned to
 
 7 their designated representatives.  Any decision to be reached by
 
 8 the applicable employer group shall be on the basis of simple
 
 9 majority.
 
10      (c)  No elected or appointed official, member of any board
 
11 or commission, representative of a public employer, including the
 
12 administrative officer, director, or chief of a state or county
 
13 department or agency, or any major division thereof, as well as
 
14 any first deputy, first assistant, legal counsel, and other top-
 
15 level managerial and administrative personnel, secretary to top-
 
16 level managerial and administrative personnel, individual
 
17 concerned with confidential matters affecting employee-employer
 
18 relations, part-time employee working less than twenty hours per
 
19 week except part-time employees included in unit (5), temporary
 
20 employee of three months' duration or less, employee of the
 
21 executive office of the governor, household employee at
 
22 Washington Place, employee of the executive office of the mayor,
 
23 staff of the legislative branch of the State, employee of the
 

 
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 1 executive office of the lieutenant governor, inmate, kokua,
 
 2 patient, ward or student of a state institution, student help,
 
 3 any commissioned and enlisted personnel of the Hawaii national
 
 4 guard, public school principals who exercise the option to be
 
 5 exempted from collective bargaining and instead exercise the
 
 6 option to accept a performance based contract pursuant to section
 
 7 89-  , or staff of the legislative branches of the city and
 
 8 county of Honolulu and counties of Hawaii, Maui, and Kauai,
 
 9 except employees of the clerks' offices of said city and county
 
10 and counties, shall be included in any appropriate bargaining
 
11 unit or entitled to coverage under this chapter.
 
12      (d)  Where any controversy arises under this section, the
 
13 board shall, pursuant to chapter 91, make an investigation and,
 
14 after a hearing upon due notice, make a final determination on
 
15 the applicability of this section to specific positions and
 
16 employees."
 
17      SECTION 4.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 

 
 
 
 
 
 
 
 
 
 
 
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 1      SECTION 5.  This Act shall take effect upon its approval but
 
 2 apply only to those collective bargaining agreements entered into
 
 3 after July 1, 1999.
 
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 5                           INTRODUCED BY:_________________________
 
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