Collective bargaining

Amends scope of collective bargaining law.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 89-2, Hawaii Revised Statutes, is
 2 amended by amending the definitions of "collective bargaining"
 3 and "impasse" to read as follows:
 4      ""Collective bargaining" means the performance of the mutual
 5 obligations of the public employer and the exclusive
 6 representative to meet at reasonable times, to confer and
 7 negotiate in good faith, and to execute a written agreement with
 8 respect to [wages, hours, amounts of contributions by the State
 9 and counties to the Hawaii public employees health fund, and
10 other terms and conditions of employment, except that by any such
11 obligation neither party shall be compelled to agree to a
12 proposal, or be required to make a concession.] topics within the
13 scope of bargaining.
14      "Impasse" means [failure of a public employer and an
15 exclusive representative to achieve agreement in the course of
16 negotiations] progress in collective bargaining has ceased, or
17 has been precluded by the legal or illegal action or position of
18 one or both of the parties, and that the process will not
19 foreseeably be resumed."

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 1      SECTION 2.  Section 89-6, Hawaii Revised statutes, is
 2 amended by amending subsection (b) to read as follows:
 3      "(b)  For the purpose of negotiations, the public employer
 4 of an appropriate bargaining unit shall mean the governor or the
 5 governor's designated representatives of not less than three
 6 together with not more than two members of the board of education
 7 in the case of units (5) and (6), [the governor or the governor's
 8 designated representatives of not less than three together with
 9 not more than two members of] the board of regents of the 
10 University of Hawaii in the case of units (7) and (8), and the
11 governor or the governor's designated representatives together
12 with the mayors of all the counties or their designated
13 representatives in the case of the remaining units.  The
14 designated employer representatives for units (5), (6), (7), and
15 (8) shall each have one vote and in the case of the remaining
16 units, the governor shall be entitled to four votes and the mayor
17 of each county shall each have one vote, which may be assigned to
18 their designated representatives.  Any decision to be reached by
19 the applicable employer group shall be on the basis of simple
20 majority."
21      SECTION 3. Section 89-9, Hawaii Revised Statutes, is amended
22 to read as follows:

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 1      "89-9 Scope of negotiations.(a)  The employer and the
 2 exclusive representative shall meet at reasonable times,
 3 including meetings in advance of the employer's budget-making
 4 process, and shall negotiate in good faith with respect to wages,
 5 hours, [the number of incremental and longevity steps and
 6 movement between steps within the salary range, the amounts of
 7 contributions by the State and respective counties to the Hawaii
 8 public employees health fund to the extent allowed in subsection
 9 (e), and other terms and conditions of employment which are
10 subject to negotiations under this chapter and] and terms and
11 conditions of employment, as may be provided from time to time in
12 the National Labor Relations Act, and health fund and retirement
13 benefits and costs, which are to be embodied in a written
14 agreement, or any question arising thereunder, but such
15 obligation does not compel either party to agree to a proposal or
16 make a concession[; provided that the parties may not negotiate
17 with respect to cost items as defined by section 89-2 for the
18 biennium 1999 to 2001, and the cost items of employees in
19 bargaining units under section 89-6 in effect on June 30, 1999,
20 shall remain in effect until July 1, 2001].
21      (b)  The employer or the exclusive representative desiring
22 to initiate negotiations shall notify the other in writing,
23 setting forth the time and place of the meeting desired and

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 1 generally the nature of the business to be discussed, and shall
 2 mail the notice by certified mail to the last known address of
 3 the other party sufficiently in advance of the meeting.
 4      (c)  Except as otherwise provided herein, all matters
 5 affecting employee relations, including those that are, or may
 6 be, the subject of a regulation promulgated by the employer or
 7 any personnel director, are subject to consultation with the
 8 exclusive representatives of the employees concerned.  The
 9 employer shall make every reasonable effort to consult with the
10 exclusive representatives prior to effecting changes in any major
11 policy affecting employee relations.
12      (d)  Excluded from the subjects of negotiations are matters
13 of classification and reclassification, [benefits of but not
14 contributions to the Hawaii public employees health fund,
15 retirement benefits except as provided in section 88-8(h),] and
16 the salary ranges now provided by law; provided that the number
17 of incremental and longevity steps, the amount of wages to be
18 paid in each range and step, and movement between steps within
19 the salary range shall be negotiable.  The employer and the
20 exclusive representative shall not agree to any proposal which
21 would be inconsistent with merit principles or the principle of
22 equal pay for equal work pursuant to sections 76-1, 76-2, 77-31,

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 1 and 77-33, or which would interfere with the rights of a public
 2 employer to:
 3      (1)  [direct] Direct employees;
 4      (2)  [determine] Determine qualification, standards for
 5           work, the nature and contents of examinations, hire,
 6           promote, transfer, assign, and retain employees in
 7           positions and suspend, demote, discharge, or take other
 8           disciplinary action against employees for proper cause;
 9      (3)  [relieve] Relieve an employee from duties because of
10           lack of work or other legitimate reason;
11      (4)  [maintain] Maintain efficiency of government
12           operations;
13      (5)  [determine] Determine methods, means, and personnel by
14           which the employer's operations are to be conducted;
15           and [take]
16      (6)  Take such actions as may be necessary to carry out the
17           missions of the employer in cases of emergencies;
18 provided that the employer and the exclusive representative may
19 negotiate procedures governing the promotion and transfer of
20 employees to positions within a bargaining unit, procedures
21 governing the suspension, demotion, discharge or other
22 disciplinary actions taken against employees, and procedures
23 governing the layoff of employees; provided further that

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 1 violations of the procedures so negotiated may be the subject of
 2 a grievance process agreed to by the employer and the exclusive
 3 representative.
 4      [(e)  Negotiations relating to contributions to the Hawaii
 5 public employees health fund shall be for the purpose of agreeing
 6 upon the amounts which the State and counties shall contribute
 7 under section 87-4, toward the payment of the costs for a health
 8 benefits plan, as defined in section 87-1(8), and group life
 9 insurance benefits, and the parties shall not be bound by the
10 amounts contributed under prior agreements; provided that section
11 89-11 for the resolution of disputes by way of fact-finding or
12 arbitration shall not be available to resolve impasses or
13 disputes relating to the amounts the State and counties shall
14 contribute to the Hawaii public employees health fund.]"
15      SECTION 4. Section 89-10, Hawaii Revised Statutes, is
16 amended by amending subsections (b) and (c) to read as follows:
17      "(b)  All cost items shall be subject to appropriations by
18 the appropriate legislative bodies.  The employer shall submit
19 within ten days of the date on which the agreement is ratified by
20 the employees concerned all cost items contained therein to the
21 appropriate legislative bodies, except that if any cost items
22 require appropriation by the state legislature and it is not in
23 session at the time, the cost items shall be submitted for

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 1 inclusion in the governor's next operating budget within ten days
 2 after the date on which the agreement is ratified.  The state
 3 legislature or the legislative bodies of the counties acting in
 4 concert, as the case may be, may approve or reject the cost items
 5 submitted to them, as a whole.  If the state legislature or the
 6 legislative body of any county rejects any of the cost items
 7 submitted to them, all cost items submitted shall be returned to
 8 the parties for further bargaining.
 9      Agreements covering employees of the university shall not be
10 contingent upon subsequent appropriations, and shall be binding
11 on the parties when they are ratified and executed, with the sole
12 exception of agreements regulating contributions by the State to
13 the Hawaii public employees health fund, which, although
14 bargained by the regents as employer, shall be subject to
15 appropriation by the legislature or legislative veto in the
16 manner provided elsewhere in this chapter.
17      (c)  Because effective and orderly operations of government
18 are essential to the public, it is declared to be in the public
19 interest that in the course of collective bargaining, the public
20 employer and the exclusive representative for each bargaining
21 unit shall by mutual agreement include provisions in the
22 collective bargaining agreement for that bargaining unit for an

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 1 expiration date which will be on June 30th of an odd-numbered
 2 year.
 3      The parties may include provisions for the reopening date
 4 during the term of a collective bargaining agreement[,]; provided
 5 that such provisions shall not allow for the reopening of cost
 6 items as defined in section 89-2.
 7      Agreements covering employees of the university may expire
 8 or be reopened in whole or in part at any time, as to either cost
 9 or non-cost items, by mutual agreement of the parties."
10      SECTION 5. Section 89-11, Hawaii Revised Statutes, is
11 amended by amending subsection (b) to read as follows:
12      "(b)  A public employer shall have the power to enter into
13 written agreement with the exclusive representative of an
14 appropriate bargaining unit setting forth an impasse procedure
15 culminating in a final and binding decision, to be invoked in the
16 event of an impasse over the terms of an initial or renewed
17 agreement.  In the absence of such a procedure, either party may
18 request the assistance of the board by submitting to the board
19 and to the other party to the dispute a clear, concise statement
20 of each issue on which an impasse has been reached together with
21 a certificate as to the good faith of the statement and the
22 contents therein.  The board, on its own motion, may determine
23 that an impasse exists on any matter in a dispute.  If the board

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 1 determines on its own motion that an impasse exists, it may
 2 render assistance by notifying both parties to the dispute of its
 3 intent. The board shall appoint a mediator to assist the parties
 4 in its own motion at any time or upon the request of either party
 5 at any time, which mediation shall be confidential; provided
 6 that, the board may request and shall receive the mediator's
 7 opinion as to whether the parties are at an impasse, and, if so,
 8 upon what issue or issues.
 9      The board shall render assistance to resolve the impasse
10 according to the following schedule:
11      (1)  [Mediation.  Assist the parties involved in a voluntary
12           resolution of the impasse by appointing a mediator or
13           mediators, representative of the public, from a list of
14           qualified persons maintained by the board, within three
15           days after the date of the impasse, which] Date of
16           Impasse.  The date of the impasse shall be deemed to be
17           the day on which notification is received or a
18           determination is made that an impasse exists.
19      (2)  Fact-finding.  If the dispute continues fifteen days
20           after the date of the impasse, the board shall appoint,
21           within three days, a fact-finding board of not more
22           than three members, representative of the public, from
23           a list of qualified persons maintained by the board.

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 1           The fact-finding board, shall, in addition to powers
 2           delegated to it by the board, have the power to make
 3           recommendations for the resolution of the dispute.  The
 4           fact-finding board, acting by a majority of its
 5           members, shall transmit its findings of fact and any
 6           recommendations for the resolution of the dispute to
 7           both parties within ten days after its appointment.  If
 8           the dispute remains unresolved five days after the
 9           transmittal of the findings of fact and any
10           recommendations, the board shall publish the findings
11           of fact and any recommendations for public information
12           if the dispute is not referred to final and binding
13           arbitration.
14      (3)  Arbitration.  If the dispute continues thirty days
15           after the date of the impasse, the parties may mutually
16           agree to submit the remaining differences to
17           arbitration, which shall result in a final and binding
18           decision.  The arbitration panel shall consist of three
19           arbitrators, one selected by each party, and the third
20           and impartial arbitrator selected by the other two
21           arbitrators.  If either party fails to select an
22           arbitrator or for any reason there is a delay in the
23           naming of an arbitrator, or if the arbitrators fail to

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 1           select a neutral arbitrator within the time prescribed
 2           by the board, the board shall appoint the arbitrator or
 3           arbitrators necessary to complete the panel, which
 4           shall act with the same force and effect as if the
 5           panel had been selected by the parties as described
 6           above.  The arbitration panel shall take whatever
 7           actions necessary, including but not limited to
 8           inquiries, investigations, hearings, issuance of
 9           subpoenas, and administering oaths, in accordance with
10           procedures prescribed by the board to resolve the
11           impasse.  If the dispute remains unresolved within
12           fifty days after the date of the impasse, the
13           arbitration panel shall transmit its findings and its
14           final and binding decision on the dispute to both
15           parties.  The parties shall enter into an agreement or
16           take whatever action is necessary to carry out and
17           effectuate the decision.  All items requiring any
18           moneys for implementation shall be subject to
19           appropriations by the appropriate legislative bodies,
20           and the employer shall submit all such items agreed to
21           in the course of negotiations within ten days to the
22           appropriate legislative bodies.

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 1 The time frame prescribed in the foregoing schedule may be
 2 altered by mutual agreement of the parties, subject to the
 3 approval of the board.
 4      The costs for mediation and fact-finding shall be borne by
 5 the board.  All other costs, including that of a neutral
 6 arbitrator, shall be borne equally by the parties involved in the
 7 dispute."
 8      SECTION 6.  Statutory material to be repealed is bracketed.
 9 New statutory material is underscored.
10      SECTION 7.  This Act shall take effect upon its approval.
12                       INTRODUCED BY:  ___________________________