Bill Text: HI SB1011 | 2015 | Regular Session | Introduced
Bill Title: Collective Bargaining; EUTF
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2015-04-29 - Conference committee meeting to reconvene on 05-01-15 10:00AM in conference room 325. [SB1011 Detail]
Download: Hawaii-2015-SB1011-Introduced.html
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THE SENATE |
S.B. NO. |
1011 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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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."
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 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, 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 upon its approval.
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INTRODUCED BY: |
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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.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
