REPORT TITLE:
Teacher Compensation


DESCRIPTION:
Requires teachers to receive their normal annual increment or
longevity increase, as the case may be, for a year's satisfactory
service in any fiscal year that an increase in the appropriate
salary schedule is effected, except as provided by law.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2097
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO TEACHER COMPENSATION.



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

 1      SECTION 1.  Chapter 77, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§77-     Teacher compensation.  Except as provided in
 
 5 chapter 302A, an employee of the department of education paid
 
 6 under the salary schedule contained in the unit 05 collective
 
 7 bargaining agreement shall receive the employee's normal annual
 
 8 increment or longevity increase, as the case may be, for a year's
 
 9 satisfactory service in any fiscal year that an increase in the
 
10 appropriate salary schedule is effected."
 
11      SECTION 2.  Section 89-9, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "§89-9 Scope of negotiations.(a)  [The] Except as
 
14 provided in subsection (f), the employer and the exclusive
 
15 representative shall meet at reasonable times, including meetings
 
16 in advance of the employer's budget-making process, and shall
 
17 negotiate in good faith with respect to wages, hours, the number
 
18 of incremental and longevity steps and movement between steps
 
19 within the salary range, the amounts of contributions by the
 

 
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 1 State and respective counties to the Hawaii public employees
 
 2 health fund to the extent allowed in subsection (e), and other
 
 3 terms and conditions of employment which are subject to
 
 4 negotiations under this chapter and which are to be embodied in a
 
 5 written agreement, or any question arising thereunder, but such
 
 6 obligation does not compel either party to agree to a proposal or
 
 7 make a concession; provided that the parties may not negotiate
 
 8 with respect to cost items as defined by section 89-2 for the
 
 9 biennium 1999 to 2001, and the cost items of employees in
 
10 bargaining units under section 89-6 in effect on June 30, 1999,
 
11 shall remain in effect until July 1, 2001.
 
12      (b)  The employer or the exclusive representative desiring
 
13 to initiate negotiations shall notify the other in writing,
 
14 setting forth the time and place of the meeting desired and
 
15 generally the nature of the business to be discussed, and shall
 
16 mail the notice by certified mail to the last known address of
 
17 the other party sufficiently in advance of the meeting.
 
18      (c)  Except as otherwise provided [herein,] in this section,
 
19 all matters affecting employee relations, including those that
 
20 are, or may be, the subject of a [regulation promulgated] rule
 
21 adopted by the employer or any personnel director, are subject to
 
22 consultation with the exclusive representatives of the employees
 
23 concerned.  The employer shall make every reasonable effort to
 

 
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 1 consult with the exclusive representatives prior to effecting
 
 2 changes in any major policy affecting employee relations.
 
 3      (d)  Excluded from the subjects of negotiations are matters
 
 4 of classification and reclassification, benefits of but not
 
 5 contributions to the Hawaii public employees health fund,
 
 6 retirement benefits except as provided in section 88-8(h), and
 
 7 the salary ranges now provided by law; provided that the number
 
 8 of incremental and longevity steps, the amount of wages to be
 
 9 paid in each range and step, and movement between steps within
 
10 the salary range shall be negotiable[.], except as provided in
 
11 subsection (f).  The employer and the exclusive representative
 
12 shall not agree to any proposal which would be inconsistent with
 
13 merit principles or the principle of equal pay for equal work
 
14 pursuant to sections 76-1, 76-2, 77-31, and 77-33, or which would
 
15 interfere with the rights of a public employer to (1) direct
 
16 employees; (2) determine qualification, standards for work, the
 
17 nature and contents of examinations, hire, promote, transfer,
 
18 assign, and retain employees in positions and suspend, demote,
 
19 discharge, or take other disciplinary action against employees
 
20 for proper cause; (3) relieve an employee from duties because of
 
21 lack of work or other legitimate reason; (4) maintain efficiency
 
22 of government operations; (5) determine methods, means, and
 
23 personnel by which the employer's operations are to be conducted;
 

 
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 1 and take such actions as may be necessary to carry out the
 
 2 missions of the employer in cases of emergencies; provided that
 
 3 the employer and the exclusive representative may negotiate
 
 4 procedures governing the promotion and transfer of employees to
 
 5 positions within a bargaining unit, procedures governing the
 
 6 suspension, demotion, discharge or other disciplinary actions
 
 7 taken against employees, and procedures governing the layoff of
 
 8 employees; provided further that violations of the procedures so
 
 9 negotiated may be the subject of a grievance process agreed to by
 
10 the employer and the exclusive representative.
 
11      (e)  Negotiations relating to contributions to the Hawaii
 
12 public employees health fund shall be for the purpose of agreeing
 
13 upon the amounts which the State and counties shall contribute
 
14 under section 87-4, toward the payment of the costs for a health
 
15 benefits plan, as defined in section 87-1(8), and group life
 
16 insurance benefits, and the parties shall not be bound by the
 
17 amounts contributed under prior agreements; provided that section
 
18 89-11 for the resolution of disputes by way of fact-finding or
 
19 arbitration shall not be available to resolve impasses or
 
20 disputes relating to the amounts the State and counties shall
 
21 contribute to the Hawaii public employees health fund.
 
22      (f)  Notwithstanding subsections (a) and (d) to the
 
23 contrary, movement between incremental and longevity steps within
 

 
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 1 the salary range for employees in appropriate bargaining unit 05
 
 2 shall be specified by law, including chapters 77 and 302A."
 
 3      SECTION 3.  This Act shall not be applied so as to impair
 
 4 any collective bargaining agreement existing as of the effective
 
 5 date of this Act in a manner violative of either the Hawaii
 
 6 Constitution or Article I, section 10, of the United States
 
 7 Constitution.
 
 8      SECTION 4.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 5.  This Act shall take effect upon its approval.
 
11 
 
12                           INTRODUCED BY:_________________________