Bill Text: HI SB2707 | 2022 | Regular Session | Amended
Bill Title: Relating To Collective Bargaining.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2022-06-27 - Notice of intent to veto (Gov. Msg. No. 1216) [SB2707 Detail]
Download: Hawaii-2022-SB2707-Amended.html
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THE SENATE |
S.B. NO. |
2707 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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C.D. 1 |
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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 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[:]; provided that the parties may mutually
agree on repricing procedures in conformance with this section:
(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 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.] If the
employer fails to timely initiate a negotiation in compliance with paragraph
(1) or the parties cannot reach an agreement within ninety days after the
exclusive representative's written request to negotiate or by January 31
of a year in which the agreement is due to expire, whichever is earlier, an impasse
exists and the impasse procedures in section 89-11 shall apply."
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 constitute an impasse, to which the
impasse procedures in this section shall apply. 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2022.
Report Title:
Collective Bargaining in Public Employment; Repricing of Classes; Negotiations; Impasse Procedures
Description:
Requires the
employer to initiate negotiations on repricing of classes within a
bargaining unit within thirty days of the employer's receipt of the exclusive
representative's written request to negotiate.
Establishes that the employer's failure to initiate the negotiation
within such time frame or the parties' failure to reach an agreement within
ninety days of the exclusive representative's written request to negotiate or
by January 31 of a year in which the collective bargaining agreement is
due to expire, whichever is earlier, constitutes an impasse to which the
impasse procedures in section 89-11, Hawaii Revised Statutes, shall apply. Effective 7/1/2022. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
