HOUSE OF REPRESENTATIVES

H.B. NO.

1146

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to collective bargaining.

 

 

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

 


     SECTION 1.  Since 2004, graduate assistants at the University of Hawaii have not received meaningful compensation increases.  During that time, the cost of living in Hawaii has progressively risen.  In December 2012, Chancellor Tom Apple indicated that graduate assistants from employee pay scale steps one to seven would be combined and moved up to step eight pay scale status in fall of 2013.  However, this adjustment is not accompanied by budgetary increases and will ultimately result in a reduction in the total number of graduate assistant positions.  The adjustment also collapses different levels of graduate assistant positions into a single grouping.  This will make it more challenging for the University of Hawaii to draw in top candidates as graduate assistants.  Fields with external funding, such as the natural sciences, would benefit from a broader pay range structure for graduate assistants.  Currently, there is a request pending approval with the president of the University of Hawaii to create eight additional scale steps to the eight existing for graduate assistants.  Graduate assistants have attempted to unionize in order to develop a cohesive plan for the changes made to their positions.

     The long-term vitality of the University of Hawaii depends on the proper distribution and allocation of funds.  This necessarily involves input by graduate assistants, who perform important research and teaching functions for the university.  Graduate assistants are not currently organized to advocate for their rights, nor are they allowed to be.  Many other universities across the nation enjoy positive working relationships with graduate student unions that fairly advocate for graduate assistants and graduate student workers therein.

     At the University of Hawaii at Manoa, the total number of graduate students is 5,722 and 22.7 per cent of those students have graduate on-campus employment either as research assistants or teaching assistants.  Disparities exist between actual salaries and benefits provided to graduate assistants at the University of Hawaii at Manoa and comparable institutions.  For example, the University of Oregon covers one hundred per cent of the medical plan costs for graduate students whereas the University of Hawaii covers only fifty per cent.  At the University of Colorado, the lowest graduate assistant academic salary is $29,000, compared to $13,296 at the University of Hawaii.

     Unlike many universities with unionized graduate students, currently there is no provision for sick leave for graduate assistants at the University of Hawaii at Manoa.  Further, recent budget cutbacks with a campus-wide impact at the University of Hawaii at Manoa have eliminated offices and administrative positions crucial to the successful employment experiences of graduate assistants.  In particular, the office of the ombudsman at the University of Hawaii at Manoa has been eliminated, removing an important forum for addressing grievances.

     Enrollment at the University of Hawaii is increasing and at the same time the number of courses offered per semester is decreasing.  Budget shortfalls have forced classes to expand in size.  Graduate teaching assistants have been handling almost double the size of classes and labs.  The workload of graduate assistants varies by department and supervisor, but these variations are not accounted for through salary adjustments.  Without a dependable and accessible avenue to obtain help with a grievance, the employment practices faced by graduate assistants go unattended. 

     Graduate student workers, as state employees, should have the right to unionize their workforce.

     The purpose of this Act is to take the first steps to provide for the protection of graduate assistants' rights by permitting graduate students employed by the University of Hawaii system to participate in an appropriate collective bargaining unit.

     SECTION 2.  Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:

     (1)  Elected or appointed [official;] officials;

     (2)  [Member] Members of any board or commission; provided that nothing in this paragraph shall prohibit a member of a collective bargaining unit from serving on a governing board of a charter school, on the state public charter school commission, or as a charter school authorizer established under chapter 302D;

     (3)  Top-level managerial and administrative personnel, including [the] a department head, deputy or assistant to a department head, administrative officer, director, or chief of a state or county agency or major division, and legal counsel;

     (4)  [Secretary] Secretaries to top-level managerial and administrative personnel listed under paragraph (3);

     (5)  [Individual] Individuals concerned with confidential matters affecting employee-employer relations;

     (6)  Part-time [employee] employees working less than twenty hours per week, except part-time employees included in unit (5);

     (7)  Temporary [employee] employees of three [months'] month duration or less;

     (8)  [Employee] Employees of the executive office of the governor [or a] and household [employee] employees at Washington Place;

     (9)  [Employee] Employees of the executive office of the lieutenant governor;

    (10)  [Employee] Employees of the executive office of the mayor;

    (11)  Staff of the legislative branch of the State;

    (12)  Staff of the legislative branches of the counties, except employees of the clerks' offices of the counties;

    (13)  Any commissioned and enlisted personnel of the Hawaii national guard;

    (14)  [Inmate,] Inmates, kokua, [patient, ward, or student] patients or wards of a state institution[;], or students of a state institution that are not employed by the State;

    (15)  Student help[;] except graduate students employed by the University of Hawaii;

    (16)  Staff of the Hawaii labor relations board;

    (17)  Employees of the Hawaii national guard youth challenge academy; or

    (18)  Employees of the office of elections."

     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, 2013.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Collective Bargaining; University of Hawaii; Graduate Students

 

Description:

Removes graduate students employed by the University of Hawaii from the list of state employees statutorily barred from inclusion in an appropriate bargaining unit.  Effective July 1, 2013.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.