Bill Text: HI SB1011 | 2016 | Regular Session | Amended
Bill Title: Collective Bargaining; EUTF
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2016-04-15 - Received notice of discharge of conferees (Hse. Com. No. 610). [SB1011 Detail]
Download: Hawaii-2016-SB1011-Amended.html
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THE SENATE |
S.B. NO. |
1011 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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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."
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 87A-32, toward the
payment of the costs for a health benefits plan, as defined in section 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 as follows:
1. By amending subsection (e) to read:
"(e) If an impasse exists between a public employer and the exclusive representative of bargaining unit (2), supervisory employees in blue collar positions; bargaining unit (3), nonsupervisory employees in white collar positions; bargaining unit (4), supervisory employees in white collar positions; bargaining unit (6), educational officers and other personnel of the department of education under the same salary schedule; bargaining unit (8), personnel of the University of Hawaii and the community college system, other than faculty; bargaining unit (9), registered professional nurses; bargaining unit (10), institutional, health, and correctional workers; bargaining unit (11), firefighters; bargaining unit (12), police officers; bargaining unit (13), professional and scientific employees; or bargaining unit (14), state law enforcement officers and state and county ocean safety and water safety officers, the board shall assist in the resolution of the impasse as follows:
(1) Mediation. During the first twenty days after the date of impasse, the board shall immediately appoint a mediator, representative of the public from a list of qualified persons maintained by the board, to assist the parties in a voluntary resolution of the impasse.
(2) Arbitration. If the impasse continues twenty days after the date of impasse, the board shall immediately notify the employer and the exclusive representative that the impasse shall be submitted to a three-member arbitration panel who shall follow the arbitration procedure provided herein.
(A) Arbitration
panel. Two members of the arbitration panel shall be selected by the parties;
one shall be selected by the employer and one shall be selected by the
exclusive representative. The neutral third member of the arbitration panel,
who shall chair the arbitration panel, shall be selected by mutual agreement of
the parties. In the event that the parties fail to select the neutral third
member of the arbitration panel within thirty days from the date of impasse,
the board shall [request the American Arbitration Association, or its
successor in function, to] furnish a list of five qualified arbitrators,
which includes arbitrators from the State, maintained by the board, from
which the neutral arbitrator shall be selected. Within five days after receipt
of the list, the parties shall alternately strike names from the list until a
single name is left, who shall be immediately appointed by the board as the
neutral arbitrator and chairperson of the arbitration panel.
(B) Final positions. Upon the selection and appointment of the arbitration panel, each party shall submit to the panel, in writing, with copy to the other party, a final position that shall include all provisions in any existing collective bargaining agreement not being modified, all provisions already agreed to in negotiations, and all further provisions which each party is proposing for inclusion in the final agreement; provided that such further provisions shall be limited to those specific proposals that were submitted in writing to the other party and were the subject of collective bargaining between the parties up to the time of the impasse, including those specific proposals that the parties have decided to include through a written mutual agreement. The arbitration panel shall decide whether final positions are compliant with this provision and which proposals may be considered for inclusion in the final agreement.
(C) Arbitration hearing. Within one hundred twenty days of its appointment, the arbitration panel shall commence a hearing at which time the parties may submit either in writing or through oral testimony, all information or data supporting their respective final positions. The arbitrator, or the chairperson of the arbitration panel together with the other two members, are encouraged to assist the parties in a voluntary resolution of the impasse through mediation, to the extent practicable throughout the entire arbitration period until the date the panel is required to issue its arbitration decision.
(D) Arbitration decision. Within thirty days after the conclusion of the hearing, a majority of the arbitration panel shall reach a decision pursuant to subsection (f) on all provisions that each party proposed in its respective final position for inclusion in the final agreement and transmit a preliminary draft of its decision to the parties. The parties shall review the preliminary draft for completeness, technical correctness, and clarity and may mutually submit to the panel any desired changes or adjustments that shall be incorporated in the final draft of its decision. Within fifteen days after the transmittal of the preliminary draft, a majority of the arbitration panel shall issue the arbitration decision."
2. By amending subsection (g) to read:
"(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, may 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. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on March 15, 2038.
Report Title:
Collective Bargaining; EUTF
Description:
Repeals provision providing that arbitration shall not be available to resolve disputes regarding EUTF contributions by State and counties. Amends the selection of the neutral third member of the arbitration panel. Effective 3/15/2038. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
