STAND. COM. REP. NO. 481

Honolulu, Hawaii

, 2005

RE: S.B. No. 87

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Labor and Education and Military Affairs, to which was referred S.B. No. 87 entitled:

"A BILL FOR AN ACT RELATING TO COLLECTIVE BARGAINING IN PUBLIC EMPLOYMENT,"

beg leave to report as follows:

The purpose of this measure is to establish a new collective bargaining unit for substitute teachers and other part-time employees of the Department of Education.

This measure also provides the members of the new collective bargaining unit the right to strike.

Testimony in support of this measure was submitted by the Office of the Governor, the Hawaii State AFL-CIO, the Substitute Teachers Professional Alliance, the Laborers' International Union of North America Local 368, AFL-CIO, and seven individuals.

Testimony in opposition to this measure was submitted by the Department of Education (DOE), the Department of Budget and Finance, the Hawaii Government Employees Association, and the Hawaii State Teachers Association – Retired. Comments on the measure were also submitted by the Department of Human Resources Development.

Your Committees find that under the existing law, substitute teachers lack the necessary representation to protect, preserve, and promote their rights. However, substitute teachers fulfill an important role in bridging the gaps between shortages that arise from the absence of full-time, permanent teaching staff and any additional interim teaching staff needs within the DOE. Your Committees believe that substitute teachers should be afforded representation equal to that of their bargaining unit (5) equivalents.

Your Committees further find that in 2003, the Legislature passed SB1426, which created a separate collective bargaining unit for substitute teachers; however, the measure was vetoed by the Governor. Among the Governor's concerns with the measure was the fact that the scope of the measure was overly broad in that the Governor believed that the measure covered all casual workers within the DOE. This measure has been appropriately drafted to address the concerns of the administration to limit its application only to substitute teachers.

Additionally, your Committees acknowledge that many retired teachers, who are retired members of collective bargaining unit (5), serve as substitute teachers and may not wish to be part of a new collective bargaining unit for substitute teachers. Your Committees are mindful of the concerns of these retired teachers and of the fact that an exception may be necessary for them in order to protect their unique interests.

Accordingly, your Committees have amended this measure by changing the effective date of the Act to July 1, 2050 in order to facilitate further discussion on the matter.

As affirmed by the records of votes of the members of your Committees on Labor and Education and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 87, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 87, S.D. 1, and be referred to the Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committees on Labor and Education and Military Affairs,

____________________________

NORMAN SAKAMOTO, Chair

____________________________

BRIAN KANNO, Chair