STAND. COM. REP. NO. 559

Honolulu, Hawaii

, 2005

RE: H.B. No. 266

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Labor & Public Employment, to which was referred H.B. No. 266, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LABOR,"

begs leave to report as follows:

The purpose of this bill is to establish clear distinctions between mandatory, excluded, and permissive subjects of collective bargaining. Among other things, this bill:

(1) Eliminates statutory language that prohibited an agreement between an employer and an exclusive employee representative that was inconsistent with the merit principle or the principle of equal pay;

(2) Eliminates the prohibition of an agreement between an employer and an exclusive employee representative that would interfere with various rights and obligations of a public employer; and

(3) Provides that an employer may negotiate over permissive subjects of collective bargaining, including:

(A) The merit principle;

(B) Principle of equal pay for equal work;

(C) Qualifications, standards for work, and the nature and content of examinations;

(D) Standards to maintain efficiency and productivity;

(E) The method and means by which government operations are to be conducted; and

(F) Actions as may be necessary to carry out the mission of the employer in cases of emergencies.

The Hawaii Government Employees Association testified in support of this bill. The Department of Human Resources Development, Department of Human Resources of the City and County of Honolulu, Department of Civil Service of the County of Hawaii, Department of Personnel Services of the County of Maui, and Judiciary testified in opposition to this measure.

Although your Committee recognizes some of the concerns raised regarding this measure, your Committee finds that this measure warrants further consideration and discussion.

As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 266, H.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,

 

____________________________

KIRK CALDWELL, Chair