THE SENATE	S.B. NO.	2449
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
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.  Section 89-9, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  The repricing of classes within an appropriate bargaining unit [may] shall be negotiated and determined as follows:

     (1)  [At the request of] Within thirty days of receipt of a written request from the exclusive representative to negotiate, and at times allowed under the collective bargaining agreement, the employer shall negotiate the repricing of classes within the bargaining unit.  The negotiated repricing actions that constitute cost items shall be subject to the requirements in section 89-10; and

     (2)  [If repricing has not been negotiated under paragraph (1), the employer of each jurisdiction shall ensure establishment of procedures to periodically review, at least once in five years, unless otherwise agreed to by the parties, the repricing of classes within the bargaining unit.  The repricing of classes based on the results of the periodic review shall be at the discretion of the employer.  Any appropriations required to implement the repricing actions that are made at the employer's discretion shall not be construed as cost items.] Failure of the employer to timely initiate a negotiation in compliance with paragraph (1) or of the parties to reach an agreement within ninety days after the exclusive representative's written request to negotiate, or by January 31 of the year in which the agreement is due to expire, whichever occurs earlier, shall constitute an impasse and the dispute shall be subject to the impasse procedures in section 89-11;

provided that the parties may mutually agree on repricing procedures in conformance with this section; provided further that a repricing request shall only be submitted once per occupation during any eighteen-month period."

     SECTION 2.  Section 89-11, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  An impasse during the term of a collective bargaining agreement on reopened items or items regarding a supplemental agreement shall not be subject to the impasse procedures in this section[.]; provided that an employer's failure to timely initiate a negotiation on repricing of classes within a bargaining unit pursuant to section 89-9(f)(1), or the parties' failure to reach an agreement on repricing within the timeframe set forth in section 89-9(f)(2), shall be subject to the impasse procedures in this section.  The parties may mutually agree on an impasse procedure, but if the procedure culminates in an arbitration decision, the decision shall be pursuant to subsection (f)."

     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 July 1, 2050.

 

 

Report Title:

Collective Bargaining in Public Employment; Repricing of Classes; Negotiations; Impasse Procedures

 

Description:

Requires employers to initiate negotiations on repricing of classes within a bargaining unit within 30 days of its receipt of the exclusive representative's written request to negotiate.  Establishes that the employer's failure to initiate the negotiation within this time frame and the parties' failure to reach an agreement within 90 days of the exclusive representative's written request to negotiate, or by January 31 of the year in which the collective bargaining agreement is due to expire, whichever is earlier, constitute an impasse and the dispute shall be subject to the impasse procedures in section 89-11, HRS.  Takes effect of 7/1/2050.  (SD1)

 

 

 

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