Bill Text: HI SB2722 | 2010 | Regular Session | Introduced

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Bill Title: Collective Bargaining; Public Employment

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-27 - (S) Referred to LBR/TIA, WAM. [SB2722 Detail]

Download: Hawaii-2010-SB2722-Introduced.html

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THE SENATE	S.B. NO.	2722
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC EMPLOYMENT.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 76-1, Hawaii Revised Statutes, is amended to read as follows:

     "§76-1  Purposes; merit principle.  It is the purpose of this chapter to require each jurisdiction to establish and maintain a separately administered civil service system based on the merit principle.  The merit principle is the selection of persons based on their fitness and ability for public employment and the retention of employees based on their demonstrated appropriate conduct and productive performance.  It is also the purpose of this chapter to build a career service in government, free from coercive political influences, to render impartial service to the public at all times, according to the dictates of ethics and morality and in compliance with all laws.

     In order to achieve these purposes, it is the declared policy of the State that the human resource program within each jurisdiction be administered in accordance with the following:

     (1)  Equal opportunity for all in compliance with all laws prohibiting discrimination.  No person shall be discriminated against in examination, appointment, reinstatement, reemployment, promotion, transfer, demotion, or removal, with respect to any position when the work may be efficiently performed by the person without hazard or danger to the health and safety of the person or others;

     (2)  Impartial selection of individuals for public service by means of competitive tests which are fair, objective, and practical;

     (3)  Incentives for competent employees within the service, whether financial or promotional opportunities and other performance based group and individual awards that encourage continuous improvement to achieve superior performance;

     (4)  Reasonable job security for competent employees and discharge of unnecessary or inefficient employees with the right to grieve and appeal personnel actions through the:

         (A)  Contractual grievance procedure for employees covered by chapter 89; or

         (B)  Internal complaint procedures and the merit appeals board for employees excluded from coverage under chapter 89;

     (5)  [Equal] Except between jurisdictions, equal pay for equal work shall apply between classes in the same bargaining unit [among jurisdictions] for those classes determined to be equal through systematic classification of positions based on objective criteria and adequate job evaluation, unless it has been agreed in accordance with chapter 89 to negotiate the repricing of classes; and

     (6)  Harmonious and cooperative relations between government and its employees, including employee organizations representing them, to develop and maintain a well-trained, efficient, and productive work force that utilizes advanced technology to ensure effective government operations and delivery of public services."

     SECTION 2.  Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  For the purpose of negotiating a collective bargaining agreement, the public employer of an appropriate bargaining unit shall [mean the governor together with the following employers:

     (1)  For bargaining units (1), (2), (3), (4), (9), (10), and (13), the governor shall have six votes and the mayors, the chief justice, and the Hawaii health systems corporation board shall each have one vote if they have employees in the particular bargaining unit;

     (2)  For bargaining units (11) and (12), the governor shall have four votes and the mayors shall each have one vote;

     (3)  For bargaining units (5) and (6), the governor shall have three votes, the board of education shall have two votes, and the superintendent of education shall have one vote;

     (4)  For bargaining units (7) and (8), the governor shall have three votes, the board of regents of the University of Hawaii shall have two votes, and the president of the University of Hawaii shall have one vote.] be as follows:

     (1)  Except as provided in paragraph (5), the governor for bargaining units (1), (2), (3), (4), (9), (10), and (13); provided that the governor shall have two votes and the chief justice and the Hawaii health systems corporation board shall each have one vote if they have employees in the particular bargaining unit;

     (2)  Except as provided in paragraph (5), the governor for bargaining unit (11);

     (3)  The governor for bargaining units (5) and (6);

     (4)  The governor, together with board of regents of the University of Hawaii and the president of the University of Hawaii for bargaining units (7) and (8). The governor shall have three votes, the board of regents of the University of Hawaii shall have two votes, and the president of the University of Hawaii shall have one vote;

     (5)  The mayors of the counties for bargaining units (1), (2), (3), (4), (9), (10), (11), (12), and (13) for employees of the counties that are part of any of the aforementioned bargaining units, as follows:

         (A)  All the mayors, or any combination thereof, may negotiate collectively as a single employing unit, in which case the mayors shall each have one vote; or

         (B)  Each mayor may negotiate with an exclusive representative a collective bargaining agreement applicable to the mayor's respective county as a jurisdiction separate from the other mayors.

Any decision to be reached by the applicable employer group shall be on the basis of simple majority[, except when a bargaining unit includes county employees from more than one county.  In such case, the simple majority shall include at least one county]."

     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; provided that the amendments made to section 89-6(d), Hawaii Revised Statutes, by this Act shall not be repealed when section 89-6, Hawaii Revised Statutes, is reenacted pursuant to Act 245, Session Laws of Hawaii 2005.

 

INTRODUCED BY:	_____________________________
	By Request

 

 

Report Title:

Collective Bargaining; Public Employment

 

Description:

Requires the State and counties to negotiate and execute separate collective bargaining agreements with exclusive representatives of public employee organizations.  Increases accountability by making the Governor the sole negotiator for the Department of Education.

 

 

 

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