HRS 0089-0009 ANNOTATIONS

Sections 87-4 and 87-1(8) referred to in subsection (e) are repealed.

In subsections (a), (d), and (e), reference is made to "Hawaii public employees health fund" which is repealed chapter 87. For current provisions, see chapter 87A.

Pursuant to this section and §304-11, board of regents may enter into a collective bargaining agreement providing for tuition exemption for faculty and staff members. Att. Gen. Op. 74-12.

Where dates upon which plaintiffs were paid were not a "cost item" as that term is defined in §89-2, plaintiffs' contention that timing of their paychecks as it stood on June 30, 1999 was continued another two years until July 1, 2001 by Act 100, L 1999 (which, inter alia, amended this section), lacked merit. Even if payroll lag was a cost item, the collective bargaining agreement expired on June 30, 1999; plaintiffs' rights under the collective bargaining agreement expired on that day. 125 F. Supp. 2d 1237.

Board was empowered to make declaratory judgment regarding validity of collective bargaining agreement. 60 H. 436, 591 P.2d 113.

Section does not bar arbitration of grievances over tenure and promotion. 66 H. 207, 659 P.2d 717.

Does not limit board's power to order union to implement staffing of essential positions. 66 H. 461, 667 P.2d 783.

Policy statement was not bargainable to the extent that it constituted compliance with the Drug-Free Workplace Act. Because the Act inherently mandated implementation, appellant need not wait until appellee attempted an implementation of an apparatus to effectuate the policy; because implementation would affect bargainable topics, appellant may initiate bargaining at any time upon such topics. 79 H. 154, 900 P.2d 161.

County did not violate collective bargaining statutes by refusing to bargain over effects of privatization where because privatization effort was contrary to law, it was outside scope of negotiable topics. 85 H. 61, 937 P.2d 397.

Section 2 of Act 100, L 1999 violated the rights of public employees under article XIII, §2 of the Hawaii constitution by amending this section to prohibit public employers and public employees' unions from collectively bargaining over cost items for the biennium 1999 to 2001. 100 H. 138, 58 P.3d 649.

Section 2 of Act 100, L 1999 (which amended subsection (a)) violated article XIII, §2 of the Hawaii constitution because it withdrew from the collective bargaining process core subjects such as wages, hours, and other conditions of employment that the voters contemplated would be part of the bargaining process when they ratified article XIII, §2. 101 H. 46, 62 P.3d 189.

As subsection (d) precludes collective bargaining over classification issues and thus places them out of the reach of an arbitrator, who derived jurisdiction and authority from the collective bargaining agreement, arbitrator lacked arbitral jurisdiction. 101 H. 11 (App.), 61 P.3d 522.

Mandatory subjects of negotiation--classification plans. 78-2 HLR 78-939.