REPORT TITLE:
Collective Bargaining


DESCRIPTION:
Creates subdivisions, separating state and county employees, for
collective bargaining units with both state and county employees.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2980
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
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:

 1      SECTION 1.  Section 89-6, Hawaii Revised Statutes, is
 
 2 amended by amending subsections (a) and (b) to read as follows:
 
 3      "(a)  All employees throughout the State within any of the
 
 4 following categories shall constitute an appropriate bargaining
 
 5 unit:
 
 6      (1)  Nonsupervisory employees in blue-collar positions[;]
 
 7           (separated into two subdivisions for state and county
 
 8           employees);
 
 9      (2)  Supervisory employees in blue-collar positions[;]
 
10           (separated into two subdivisions for state and county
 
11           employees);
 
12      (3)  Nonsupervisory employees in white-collar positions[;]
 
13           (separated into two subdivisions for state and county
 
14           employees);
 
15      (4)  Supervisory employees in white-collar positions[;]
 
16           (separated into two subdivisions for state and county
 
17           employees);
 
18      (5)  Teachers and other personnel of the department of
 
19           education under the same salary schedule, including
 
20           part-time employees working less than twenty hours a
 

 
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 1           week who are equal to one-half of a full-time
 
 2           equivalent[;] (for state employees only);
 
 3      (6)  Educational officers and other personnel of the
 
 4           department of education under the same salary
 
 5           schedule[;] (for state employees only);
 
 6      (7)  Faculty of the University of Hawaii and the community
 
 7           college system[;] (for state employees only);
 
 8      (8)  Personnel of the University of Hawaii and the community
 
 9           college system, other than faculty[;] (for state
 
10           employees only);
 
11      (9)  Registered professional nurses[;] (separated into two
 
12           subdivisions for state and county employees);
 
13     (10)  Institutional, health, and correctional workers[;] (for
 
14           state employees only);
 
15     (11)  Firefighters[;] (separated into two subdivisions for
 
16           state and county employees);
 
17     (12)  Police officers[;] (for county employees only); and
 
18     (13)  Professional and scientific employees, other than
 
19           registered professional nurses[.] (separated into two
 
20           subdivisions for state and county employees).
 
21     Because of the nature of work involved and the essentiality
 
22 of certain occupations that require specialized training, units
 
23 (9) through (13) are designated as optional appropriate
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 bargaining units.  Employees in any of these optional units may
 
 2 vote either for separate units or for inclusion in their
 
 3 respective units (1) through (4).  If a majority of the employees
 
 4 in any optional unit desire to constitute a separate appropriate
 
 5 bargaining unit, supervisory employees may be included in the
 
 6 unit by mutual agreement among supervisory and nonsupervisory
 
 7 employees within the unit; if supervisory employees are excluded,
 
 8 the appropriate bargaining unit for these supervisory employees
 
 9 shall be (2) or (4), as the case may be.
 
10     The compensation plans for blue-collar positions pursuant to
 
11 section 77-5 and for white-collar positions pursuant to section
 
12 77-13, the salary schedules for teachers pursuant to section
 
13 302A-624 and for educational officers pursuant to section
 
14 302A-625, and the appointment and classification of faculty
 
15 pursuant to sections 304-11 and 304-13, existing on July 1, 1970,
 
16 shall be the bases for differentiating blue-collar from white-
 
17 collar employees, professional from institutional, health and
 
18 correctional workers, supervisory from nonsupervisory employees,
 
19 teachers from educational officers, and faculty from nonfaculty.
 
20 In differentiating supervisory from nonsupervisory employees,
 
21 class titles alone shall not be the basis for determination, but,
 
22 in addition, the nature of the work, including whether or not a
 
23 major portion of the working time of a supervisory employee is
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 spent as part of a crew or team with nonsupervisory employees,
 
 2 shall also be considered.
 
 3     (b)  For the purpose of negotiations[,] only, the public
 
 4 employer of an appropriate bargaining unit shall mean [the]:
 
 5     (1)   The governor or the governor's designated
 
 6           representatives of not [less] fewer than three together
 
 7           with not more than two members of the board of
 
 8           education in the case of units (5) and (6)[, the];
 
 9     (2)   The governor or the governor's designated
 
10           representatives of not [less] fewer than three together
 
11           with not more than two members of the board of regents
 
12           of the University of Hawaii in the case of units (7)
 
13           and (8)[, and the governor or the governor's designated
 
14           representatives together with the mayors of all the
 
15           counties or their designated representatives in the
 
16           case of the remaining units.];
 
17     (3)   The governor or the governor's designated
 
18           representatives of not fewer than three in the case of
 
19           unit (10);
 
20     (4)   The mayors of all of the counties or their designated
 
21           representatives in the case of unit (12);
 
22     (5)   In the case of the remaining units:
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           (A)  The governor or the governor's designated
 
 2                representatives for state employees only for each
 
 3                respective unit; and
 
 4           (B)  The mayors of all the counties or their designated
 
 5                representatives for county employees only for each
 
 6                respective unit.   
 
 7     The designated employer representatives for units (5), (6),
 
 8 (7), [and] (8), (10), and (12) shall each have one vote [and in].
 
 9 In the case of the remaining units, the governor shall be
 
10 entitled to four votes and the mayor of each county shall each
 
11 have one vote, which may be assigned to their designated
 
12 representatives.  Any decision to be reached by the applicable
 
13 employer group shall be on the basis of simple majority."
 
14     SECTION 2.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 3.  This Act shall take effect upon its approval.
 
17 
 
18                       INTRODUCED BY:  ___________________________