CHAPTER 89

COLLECTIVE BARGAINING IN PUBLIC EMPLOYMENT

 

Section

     89-1 Statement of findings and policy

     89-2 Definitions

     89-3 Rights of employees

   89-3.5 Religious exemption from support of employee

          organization

     89-4 Payroll deductions

     89-5 Hawaii labor relations board

     89-6 Appropriate bargaining units

     89-7 Elections

     89-8 Recognition and representation; employee participation

   89-8.5 Negotiating authority; Hawaii health systems

          corporation

     89-9 Scope of negotiations; consultation

    89-10 Written agreements; enforceability; cost items

  89-10.5 Collective bargaining and local school initiatives

 89-10.55 Charter school collective bargaining; bargaining

          unit; employer; exclusive representative

  89-10.6 Schools; waiver of policies, rules, or procedures

  89-10.8 Resolution of disputes; grievances

    89-11 Resolution of disputes; impasses

    89-12 Strikes, rights and prohibitions

    89-13 Prohibited practices; evidence of bad faith

    89-14 Prevention of prohibited practices

    89-15 Financial reports to employees

    89-16 Public records and proceedings

  89-16.5 Access to personal records by an employee organization

  89-16.6 Disclosure to an exclusive representative

    89-17 List of employee organizations and exclusive

          representatives

    89-18 Penalty

    89-19 Chapter takes precedence, when

    89-20 Chapter inoperative, when

    89-23 Classroom cleaning; exception

 

Rules of Court

 

  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).

 

Case Notes

 

  Chapter 92F not a "conflicting statute on the same subject matter" as this chapter, within the meaning of §89-19, and thus is not preempted by this chapter or any collective bargaining agreement negotiated under it.  83 H. 378, 927 P.2d 386.

  Under this chapter, a public employee pursuing an individual grievance exhausts his or her administrative remedies when the employee completes every step available to the employee in the grievance process and a request to the employee's exclusive bargaining representative to proceed to the last grievance step, which only the representative can undertake, would be futile.  97 H. 528, 40 P.3d 930.

  The Act 355, L 1997 amendment to §78-13, which essentially altered the dates when public employees are to be paid, did not violate article XIII, §2 of the Hawaii constitution nor this chapter inasmuch as they did not prohibit a state employer from changing the pay dates of its employees; thus, the Act 355 amendment was not unconstitutional.  111 H. 168, 140 P.3d 401.

  As §84-13 prohibited the posting of campaign materials on a union bulletin board on the fourth floor of a state building, and nothing in this chapter was explicitly contrary to, or inconsistent with, that construction, there was no conflict between §84-13 and §89-3.  116 H. 73, 170 P.3d 324.