Bill Text: HI SB3299 | 2024 | Regular Session | Amended
Bill Title: Relating To Collective Bargaining.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-02-13 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB3299 Detail]
Download: Hawaii-2024-SB3299-Amended.html
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THE SENATE |
S.B. NO. |
3299 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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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 benefits and 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 are subject to collective bargaining and which are to be
embodied in a written agreement as specified in section 89-10, but [such]
this obligation does not compel either party to agree to a proposal or
make a concession."
2. By amending subsection (d) to read:
"(d)
Excluded from the subjects of negotiations are matters of
classification, reclassification, [benefits of but not contributions to the
Hawaii employer-union health benefits trust fund,] recruitment,
examination, initial pricing, and retirement benefits except as provided in
section 88-8(h). The employer and the
exclusive representative shall not agree to any proposal that would be
inconsistent with the merit principle or the principle of equal pay for equal
work pursuant to section 76-1 or that would interfere with the rights and
obligations of a public employer to:
(1) Direct employees;
(2) Determine qualifications, standards for work, and the nature and contents of examinations;
(3) Hire, promote, transfer, assign, and retain employees in positions;
(4) Suspend, demote, discharge, or take other disciplinary action against employees for proper cause;
(5) Relieve an employee from duties because of lack of work or other legitimate reason;
(6) Maintain efficiency and productivity, including maximizing the use of advanced technology, in government operations;
(7) Determine methods, means, and personnel by which the employer's operations are to be conducted; and
(8) Take actions as may be necessary to carry out the missions of the employer in cases of emergencies.
This
subsection shall not be used to invalidate provisions of collective bargaining
agreements in effect on and after June 30, 2007, and except as otherwise
provided in this chapter, shall not preclude negotiations over the
implementation of management decisions that affect terms and conditions of
employment that are subject to collective bargaining. Further, this subsection shall not preclude
negotiations over the procedures and criteria on promotions, transfers,
assignments, demotions, layoffs, suspensions, terminations, discharges, or
other disciplinary actions as subjects of bargaining during collective
bargaining negotiations or negotiations over a memorandum of agreement,
memorandum of understanding, or other supplemental agreement; provided that [such]
this obligation shall not compel either party to agree to a proposal or
make a concession.
Violations of the procedures and criteria so negotiated may be subject to the grievance procedure in the collective bargaining agreement."
3. By amending subsection (e) to read:
"(e)
Negotiations relating to the benefits of and contributions to the
Hawaii employer-union health benefits trust fund shall be for the purpose of
agreeing upon the benefits under the health benefits plan and amounts
which the State and counties shall contribute under section 87A-32[,] through
87A‑37, toward the payment of the costs for a health benefits plan,
as defined in section 87A-1, and group life insurance benefits, and the parties
shall not be bound by the benefits and 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.] shall apply."
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, 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 subject
to appropriation within
ten days after the date on which the agreement is entered into as provided
herein, to the appropriate legislative bodies."
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, 2050.
Report Title:
Collective Bargaining; Public Employers, Scope of Negotiations; Hawaii Employer-Union Health Trust Fund; Benefits; Resolution of Disputes; Impasses
Description:
Allows the public employer and exclusive representative to negotiate benefits of the Hawaii Employer-Union Health Benefits Trust Fund. Allows the exclusive representative to fully utilize dispute resolution and impasse provisions under state law when negotiating the benefits and contributions to the Hawaii Employer-Union Health Trust Fund. Takes effect 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
