Bill Text: HI HB1173 | 2013 | Regular Session | Amended
Bill Title: Collective Bargaining; Hawaii Employer-Union Health Benefits Trust Fund
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2013-03-05 - Referred to JDL, WAM. [HB1173 Detail]
Download: Hawaii-2013-HB1173-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1173 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COLLECTIVE BARGAINING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 89-9, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) The employer and the exclusive
representative shall meet at reasonable times, including meetings sufficiently
in advance of the February 1 impasse date under section 89-11, and shall
negotiate in good faith with respect to wages, hours, the amounts of
contributions by the State and respective counties to the Hawaii employer-union
health benefits trust fund to the extent allowed in subsection (e), and other
terms and conditions of employment [which] that are subject to
collective bargaining and [which] that are to be embodied in a
written agreement as specified in section 89-10[, but such]; provided
that the obligation [does] to meet and negotiate shall not
compel either party to agree to a proposal or make a concession[; provided
that the parties may not negotiate with respect to cost items as defined by
section 89-2 for the biennium 1999 to 2001, and the cost items of employees in
bargaining units under section 89-6 in effect on June 30, 1999, shall remain in
effect until July 1, 2001]."
2. By amending subsection (e) to read:
"(e) Negotiations relating to
contributions to the Hawaii employer-union health benefits trust fund shall be
for the purpose of agreeing upon the amounts [which] that the
State and counties shall contribute under section [87-4,] 87A-32,
toward the payment of the costs for a health benefits plan, as defined in
section [87-1(8),] 87A-1, and group life insurance benefits[,
and]; provided that the parties shall not be bound by the amounts
contributed under prior agreements[; provided that section 89-11 for the
resolution of disputes by way of arbitration shall not be available to resolve
impasses or disputes relating to the amounts the State and counties shall
contribute to the Hawaii employer-union health benefits trust fund]."
SECTION 2. Section 89-11, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:
"(g) The
decision of the arbitration panel shall be final and binding upon the parties
on all provisions submitted to the arbitration panel. [If the parties have
reached agreement with respect to the amounts of contributions by the State and
counties to the Hawaii employer-union health benefits trust fund by the tenth
working day after the arbitration panel issues its decision, the final and
binding agreement of the parties on all provisions shall consist of the panel's
decision and the amounts of contributions agreed to by the parties. If the
parties have not reached agreement with respect to the amounts of contributions
by the State and counties to the Hawaii employer-union health benefits trust
fund by the close of business on the tenth working day after the arbitration
panel issues its decision, the parties shall have five days to submit their
respective recommendations for such contributions to the legislature, if it is
in session, and if the legislature is not in session, the parties shall submit
their respective recommendations for such contributions to the legislature
during the next session of the legislature. In such event, the final and
binding agreement of the parties on all provisions shall consist of the panel's
decision and the amounts of contributions established by the legislature by
enactment, after the legislature has considered the recommendations for such
contributions by the parties. It is strictly understood that no member of a
bargaining unit subject to this subsection shall be allowed to participate in a
strike on the issue of the amounts of contributions by the State and counties
to the Hawaii employer-union health benefits trust fund.] The parties
shall take whatever action is necessary to carry out and effectuate the final
and binding agreement. The parties may, at any time and by mutual agreement,
amend or modify the panel's decision.
Agreements reached pursuant to the decision of an arbitration panel and the amounts of contributions by the State and counties to the Hawaii employer-union health benefits trust fund, as provided herein, shall not be subject to ratification by the employees concerned. All items requiring any moneys for implementation shall be subject to appropriations by the appropriate legislative bodies and the employer shall submit all such items within ten days after the date on which the agreement is entered into as provided herein, to the appropriate legislative bodies."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2113.
Report Title:
Collective Bargaining; Hawaii Employer-Union Health Benefits Trust Fund
Description:
Amends section 89-9, Hawaii Revised Statutes (HRS), to allow disputes over contributions to the Hawaii Employer-Union Health Benefits Trust Fund to be settled by way of arbitration as provided in section 89-11, HRS. Amends section 89-11, HRS, to repeal various provisions relating to disputes over the amounts of contributions to the Hawaii Employer-Union Health Benefits Trust Fund. Makes conforming amendments. Effective January 1, 2113. (HB1173 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
