Report Title:

Public Employment; Employee Relations

 

Description:

Requires establishment of procedures to periodically review the repricing of classes of civil service positions and provides that repricing of classes based on review results is at employer's discretion. Provides for equal pay for equal work for classes in the same bargaining unit within the jurisdictions and repeals requirement that classes are determined equal through system classification based on objective criteria and job evaluation. (HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1168

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PUBLIC EMPLOYMENT.

 

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

SECTION 1. The purpose of this Act is to enact statewide legislation to clarify the scope of negotiations and consultation relative to policies, procedures, practices and the collective bargaining agreement; implementing and maintaining the classification systems covering civil service positions; and implementing a non-judicial process for addressing management complaints against the exclusive representative.

SECTION 2. Act 253, Session Laws of Hawaii 2000, is amended as follows:

1. By amending section 3 to read:

"SECTION 3. Chapter 76, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"[[]§76-13.5[]] Classification. (a) Each director shall establish, implement, and maintain one or more classification systems covering all civil service positions, not otherwise exempted by rules. The classification systems shall be constructed with the objective of achieving equal pay for equal work as provided in section 76-1. The director shall adopt rules that allow for the administrative review of classification and initial pricing actions. The director shall further ensure establishment of procedures to periodically review, at least once in five years, the repricing of classes within the jurisdiction. The repricing of classes based on the results of the periodic review shall be at the discretion of the employer.

(b) Wherever reference is made in statutes that positions are either subject to or exempt from "chapter 77" prior to July 1, 2002, the positions shall be subject or exempt from the appropriate classification systems established under this section.""

2. By amending section 5 to read:

"SECTION 5. Section 76-1, Hawaii Revised Statutes, is amended to read as follows:

"§76-1 Purposes; merit principle. It is the purpose of this chapter to require each jurisdiction to establish and maintain a separately administered civil service system based on the merit principle. The merit principle is the selection of persons based on their fitness and ability for public employment and the retention of employees based on their demonstrated appropriate conduct and productive performance. It is also the purpose of this chapter to build a career service in government, free from coercive political influences, to render impartial service to the public at all times, according to the dictates of ethics and morality and in compliance with all laws.

In order to achieve these purposes, it is the declared policy of the State that the human resource program within each jurisdiction be administered in accordance with the following:

(1) Equal opportunity for all in compliance with all laws prohibiting discrimination. No person shall be discriminated against in examination, appointment, reinstatement, reemployment, promotion, transfer, demotion, or removal, with respect to any position when the work may be efficiently performed by the person without hazard or danger to the health and safety of the person or others;

(2) Impartial selection of individuals for public service by means of competitive tests which are fair, objective, and practical;

(3) Incentives for competent employees within the service, whether financial or promotional opportunities and other performance based group and individual awards that encourage continuous improvement to achieve superior performance;

(4) Reasonable job security for competent employees and discharge of unnecessary or inefficient employees with the right to grieve and appeal personnel actions through the:

(A) Contractual grievance procedure for employees covered by chapter 89; or

(B) Internal complaint procedures and the merit appeals board for employees excluded from coverage under chapter 89;

(5) Equal pay for equal work shall apply [between] for classes in the same bargaining unit [among jurisdictions for those classes determined to be equal through systematic classification of positions based on objective criteria and adequate job evaluation, unless it has been agreed in accordance with chapter 89 to negotiate the repricing of classes;] within the jurisdiction; and

(6) Harmonious and cooperative relations between government and its employees, including employee organizations representing them, to develop and maintain a well-trained, efficient, and productive work force that utilizes advanced technology to ensure effective government operations and delivery of public services.""

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2002.