Bill Text: HI HB1929 | 2018 | Regular Session | Amended
Bill Title: Relating To The Hawaii Labor Relations Board.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-03-21 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [HB1929 Detail]
Download: Hawaii-2018-HB1929-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1929 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII LABOR RELATIONS BOARD.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that changes in federal and state law may require immediate alterations to Hawaii's collective bargaining in public employment statutes, rules, or agency practices. The outcomes and dispositions of cases currently pending in the nation's courts may require public employee unions to restructure their financing and may have a serious effect on the application of Hawaii's collective bargaining in public employment law codified under chapter 89, Hawaii Revised Statutes.
The legislature also finds that future Supreme Court decisions may impact Hawaii's public employment relations at any time, including when the legislature is not in session. Analyzing the impact of these decisions requires:
(1) Specialized skill in interpreting state law, specifically Hawaii's collective bargaining in public employment law; and
(2) Urgency to prevent the impairment of important rights.
The purpose of this Act is to promote harmonious and cooperative relations between government and its employees by requiring the Hawaii labor relations board to adopt emergency rules if the board finds that Hawaii's collective bargaining in public employment law, or the application thereof, is inconsistent with any federal or state law and the adoption of an emergency rule is urgently needed. Emergency rules enacted by the Hawaii labor relations board pursuant to this Act may stabilize public employment relations until the legislature or board establishes a permanent solution after appropriate deliberation.
SECTION 2. Section 89-5, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows:
(1) Establish procedures for, investigate, and resolve, any dispute concerning the designation of an appropriate bargaining unit and the application of section 89-6 to specific employees and positions;
(2) Establish procedures for, resolve disputes with respect to, and supervise the conduct of, elections for the determination of employee representation;
(3) Resolve controversies under this chapter;
(4) Conduct proceedings on complaints of prohibited practices by employers, employees, and employee organizations and take such actions with respect thereto as it deems necessary and proper;
(5) Hold such hearings and make such inquiries, as it deems necessary, to carry out properly its functions and powers, and for the purpose of such hearings and inquiries, administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence, compel attendance of witnesses and the production of documents by the issuance of subpoenas, and delegate such powers to any member of the board or any person appointed by the board for the performance of its functions;
(6) Determine qualifications and establish, after reviewing nominations submitted by the public employers and employee organizations, lists of qualified persons, broadly representative of the public, to be available to serve as mediators or arbitrators;
(7) Establish a fair and reasonable range of daily or hourly rates at which mediators and arbitrators on the lists established under paragraph (6) are to be compensated;
(8) Conduct studies on problems pertaining to public employee-management relations, and make recommendations with respect thereto to the legislative bodies; request information and data from state and county departments and agencies and employee organizations necessary to carry out its functions and responsibilities; make available to all concerned parties, including mediators and arbitrators, statistical data relating to wages, benefits, and employment practices in public and private employment to assist them in resolving issues in negotiations;
(9) Adopt rules
relative to the exercise of its powers and authority and to govern the
proceedings before it in accordance with chapter 91; [and]
(A) Conform chapter 89 or board rules with
any requirements under federal or state law;
(B) Implement rights pursuant to federal
or state law;
(C) Clarify chapter 89;
(D) Stabilize public employment
relations;
(E) Avoid disruption of governmental
operations;
(F) Facilitate a board or legislative study
on the impact of federal or state law;
(G) Reinforce or preserve the public policy
of the State as stated in section 89-1; or
(H) Temporarily resolve a practical
problem; and
[(10)] (11) Execute
all of its responsibilities in a timely manner so as to facilitate and expedite
the resolution of issues before it."
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, 2050.
Report Title:
Hawaii Labor Relations Board; Emergency Rulemaking
Description:
Requires the Hawaii Labor Relations Board to adopt emergency rules if the Board finds that Hawaii's Collective Bargaining in Public Employment Law, or its application, is inconsistent with any federal or state law and the adoption of an emergency rule is urgently needed. (HB1929 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
