REPORT TITLE:
UH; Collective Bargaining


DESCRIPTION:
Creates bargaining units (14) and (15) for UH blue and white
collar supervisory and nonsupervisory workers, respectively.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.426        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE UNIVERSITY OF HAWAII.



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

 1      SECTION 1.  Section 76-16, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§76-16  Civil service and exemptions.  The civil service to
 
 4 which this part applies shall comprise all positions in the State
 
 5 now existing or hereafter established and embrace all personal
 
 6 services performed for the State, except the following:
 
 7      (1)  Commissioned and enlisted personnel of the Hawaii
 
 8           national guard as such, and positions in the Hawaii
 
 9           national guard that are required by state or federal
 
10           laws or regulations or orders of the national guard to
 
11           be filled from those commissioned or enlisted
 
12           personnel;
 
13      (2)  Positions filled by persons employed by contract where
 
14           the director of human resources development has
 
15           certified that the service is special or unique or is
 
16           essential to the public interest and that, because of
 
17           circumstances surrounding its fulfillment, personnel to
 
18           perform the service cannot be obtained through normal
 
19           civil service recruitment procedures.  Any such
 

 
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 1           contract may be for any period not exceeding one year;
 
 2      (3)  Positions of a temporary nature needed in the public
 
 3           interest where the need for the position does not
 
 4           exceed one year, but before any person may be employed
 
 5           to render the temporary service, the director shall
 
 6           certify that the service is of a temporary nature and
 
 7           that recruitment through normal civil service
 
 8           recruitment procedures is not practicable;
 
 9      (4)  Positions filled by the legislature or by either house
 
10           or any committee thereof;
 
11      (5)  Employees in the office of the governor and household
 
12           employees at Washington Place;
 
13      (6)  Positions filled by popular vote;
 
14      (7)  Department heads, officers, and members of any board,
 
15           commission, or other state agency whose appointments
 
16           are made by the governor or are required by law to be
 
17           confirmed by the senate;
 
18      (8)  Judges, referees, receivers, masters, jurors, notaries
 
19           public, land court examiners, court commissioners, and
 
20           attorneys appointed by a state court for a special
 
21           temporary service;
 
22      (9)  One bailiff for the chief justice of the supreme court
 
23           who shall have the powers and duties of a court officer
 

 
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 1           and bailiff under section 606-14; one secretary or
 
 2           clerk for each justice of the supreme court, each judge
 
 3           of the intermediate appellate court, and each judge of
 
 4           the circuit court; one secretary for the judicial
 
 5           council; one deputy administrative director of the
 
 6           courts; three law clerks for the chief justice of the
 
 7           supreme court, two law clerks for each associate
 
 8           justice of the supreme court and each judge of the
 
 9           intermediate appellate court, one law clerk for each
 
10           judge of the circuit court, two additional law clerks
 
11           for the civil administrative judge of the circuit court
 
12           of the first circuit, two additional law clerks for the
 
13           criminal administrative judge of the circuit court of
 
14           the first circuit, one additional law clerk for the
 
15           senior judge of the family court of the first circuit,
 
16           two additional law clerks for the civil motions judge
 
17           of the circuit court of the first circuit, two
 
18           additional law clerks for the criminal motions judge of
 
19           the circuit court of the first circuit, and two law
 
20           clerks for the administrative judge of the district
 
21           court of the first circuit; and one private secretary
 
22           for the administrative director of the courts, the
 
23           deputy administrative director of the courts, each
 

 
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                                     H.B. NO.426        
                                                        
                                                        

 
 1           department head, each deputy or first assistant, and
 
 2           each additional deputy, or assistant deputy, or
 
 3           assistant defined in paragraph (16);
 
 4     (10)  First deputy and deputy attorneys general, the
 
 5           administrative services manager of the department of
 
 6           the attorney general, one secretary for the
 
 7           administrative services manager, an administrator and
 
 8           any support staff for the criminal and juvenile justice
 
 9           resources coordination functions, and law clerks;
 
10     (11)  Teachers, principals, vice-principals, district
 
11           superintendents, chief deputy superintendents, other
 
12           certificated personnel, and not more than twenty
 
13           noncertificated administrative, professional, and
 
14           technical personnel not engaged in instructional work
 
15           in the department of education, the special assistant
 
16           to the state librarian, one secretary for the special
 
17           assistant to the state librarian, and [members of the
 
18           faculty] employees of the University of Hawaii,
 
19           including faculty, blue and white collar workers and
 
20           supervisors, research workers, extension agents,
 
21           personnel engaged in instructional work, and
 
22           administrative, professional, and technical personnel
 
23           of the university;
 

 
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                                     H.B. NO.426        
                                                        
                                                        

 
 1     (12)  Employees engaged in special, research, or
 
 2           demonstration projects approved by the governor;
 
 3     (13)  Positions filled by inmates, kokuas, patients of state
 
 4           institutions, persons with severe physical or mental
 
 5           handicaps participating in the work experience training
 
 6           programs, and students and positions filled through
 
 7           federally funded programs that provide temporary public
 
 8           service employment such as the federal Comprehensive
 
 9           Employment and Training Act of 1973;
 
10     (14)  A custodian or guide at Iolani Palace, the Royal
 
11           Mausoleum, and Hulihee Palace;
 
12     (15)  Positions filled by persons employed on a fee,
 
13           contract, or piecework basis, who may lawfully perform
 
14           their duties concurrently with their private business
 
15           or profession or other private employment and whose
 
16           duties require only a portion of their time, if it is
 
17           impracticable to ascertain or anticipate the portion of
 
18           time to be devoted to the service of the State;
 
19     (16)  Positions of first deputies or first assistants of each
 
20           department head appointed under or in the manner
 
21           provided in section 6, Article V, of the State
 
22           Constitution; three additional deputies or assistants
 
23           either in charge of the highways, harbors, and airports
 

 
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                                     H.B. NO.426        
                                                        
                                                        

 
 1           divisions or other functions within the department of
 
 2           transportation as may be assigned by the director of
 
 3           transportation, with the approval of the governor; four
 
 4           additional deputies in the department of health, each
 
 5           in charge of one of the following:  behavioral health,
 
 6           environmental health, hospitals, and health resources
 
 7           administration, including other functions within the
 
 8           department as may be assigned by the director of
 
 9           health, with the approval of the governor; an
 
10           administrative assistant to the state librarian; and an
 
11           administrative assistant to the superintendent of
 
12           education;
 
13     (17)  Positions specifically exempted from this part by any
 
14           other law; provided that all of the positions defined
 
15           by paragraph (9) shall be included in the position
 
16           classification plan;
 
17     (18)  Positions in the state foster grandparent program and
 
18           positions for temporary employment of senior citizens
 
19           in occupations in which there is a severe personnel
 
20           shortage or in special projects;
 
21     (19)  Household employees at the official residence of the
 
22           president of the University of Hawaii;
 
23     (20)  Employees in the department of education engaged in the
 

 
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                                     H.B. NO.426        
                                                        
                                                        

 
 1           supervision of students during lunch periods and in the
 
 2           cleaning of classrooms after school hours on a less
 
 3           than half-time basis;
 
 4     (21)  Employees hired under the tenant hire program of the
 
 5           housing and community development corporation of
 
 6           Hawaii; provided that not more than twenty-six per cent
 
 7           of the corporation's work force in any housing project
 
 8           maintained or operated by the corporation shall be
 
 9           hired under the tenant hire program;
 
10     (22)  Positions of the federally funded expanded food and
 
11           nutrition program of the University of Hawaii that
 
12           require the hiring of nutrition program assistants who
 
13           live in the areas they serve;
 
14     (23)  Positions filled by severely handicapped persons who
 
15           are certified by the state vocational rehabilitation
 
16           office that they are able to perform safely the duties
 
17           of the positions;
 
18     (24)  One public high school student to be selected by the
 
19           Hawaii state student council as a nonvoting member on
 
20           the board of education as authorized by the State
 
21           Constitution;
 
22     (25)  Sheriff, first deputy sheriff, and second deputy
 
23           sheriff; and
 

 
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 1     (26)  A gender and other fairness coordinator hired by the
 
 2           judiciary.
 
 3      The director shall determine the applicability of this
 
 4 section to specific positions.
 
 5      Nothing in this section shall be deemed to affect the civil
 
 6 service status of any incumbent as it existed on July 1, 1955."
 
 7      SECTION 2.  Section 89-6, Hawaii Revised Statutes, is
 
 8 amended by amending subsections (a) and (b) to read as follows:
 
 9      "(a)  All employees throughout the State within any of the
 
10 following categories shall constitute an appropriate bargaining
 
11 unit:
 
12      (1)  Nonsupervisory employees in blue-collar positions;
 
13      (2)  Supervisory employees in blue-collar positions;
 
14      (3)  Nonsupervisory employees in white-collar positions;
 
15      (4)  Supervisory employees in white-collar positions;
 
16      (5)  Teachers and other personnel of the department of
 
17           education under the same salary schedule, including
 
18           part-time employees working less than twenty hours a
 
19           week who are equal to one-half of a full-time
 
20           equivalent;
 
21      (6)  Educational officers and other personnel of the
 
22           department of education under the same salary schedule;
 
23      (7)  Faculty of the University of Hawaii and the community
 

 
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 1           college system;
 
 2      (8)  Personnel of the University of Hawaii and the community
 
 3           college system, other than faculty;
 
 4      (9)  Registered professional nurses;
 
 5     (10)  Institutional, health, and correctional workers;
 
 6     (11)  Firefighters;
 
 7     (12)  Police officers; [and]
 
 8     (13)  Professional and scientific employees, other than
 
 9           registered professional nurses[.];
 
10     (14)  University of Hawaii employees in supervisory or
 
11           nonsupervisory blue collar positions; and
 
12     (15)  University of Hawaii employees in supervisory or
 
13           nonsupervisory white collar positions; and
 
14      Because of the nature of work involved and the essentiality
 
15 of certain occupations that require specialized training, units
 
16 (9) through (13) are designated as optional appropriate
 
17 bargaining units.  Employees in any of these optional units may
 
18 vote either for separate units or for inclusion in their
 
19 respective units (1) through (4).  If a majority of the employees
 
20 in any optional unit desire to constitute a separate appropriate
 
21 bargaining unit, supervisory employees may be included in the
 
22 unit by mutual agreement among supervisory and nonsupervisory
 
23 employees within the unit; if supervisory employees are excluded,
 

 
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                                     H.B. NO.426        
                                                        
                                                        

 
 1 the appropriate bargaining unit for these supervisory employees
 
 2 shall be (2) or (4), as the case may be.
 
 3      The compensation plans for blue-collar positions pursuant to
 
 4 section 77-5 and for white-collar positions pursuant to section
 
 5 77-13, the salary schedules for teachers pursuant to section
 
 6 302A-624 and for educational officers pursuant to section
 
 7 302A-625, and the appointment and classification of faculty
 
 8 pursuant to sections 304-11 and 304-13, existing on July 1, 1970,
 
 9 shall be the bases for differentiating blue-collar from white-
 
10 collar employees, professional from institutional, health and
 
11 correctional workers, supervisory from nonsupervisory employees,
 
12 teachers from educational officers, and faculty from nonfaculty.
 
13 In differentiating supervisory from nonsupervisory employees,
 
14 class titles alone shall not be the basis for determination, but,
 
15 in addition, the nature of the work, including whether or not a
 
16 major portion of the working time of a supervisory employee is
 
17 spent as part of a crew or team with nonsupervisory employees,
 
18 shall also be considered.
 
19      (b)  For the purpose of negotiations, the public employer of
 
20 an appropriate bargaining unit shall mean the governor or the
 
21 governor's designated representatives of not less than three
 
22 together with not more than two members of the board of education
 
23 in the case of units (5) and (6), the [governor or the governor's
 

 
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                                     H.B. NO.426        
                                                        
                                                        

 
 1 designated representatives of not less than three together with
 
 2 not more than two members of the] board of regents of the
 
 3 University of Hawaii in the case of units (7) [and], (8), (14),
 
 4 and (15), and the governor or the governor's designated
 
 5 representatives together with the mayors of all the counties or
 
 6 their designated representatives in the case of the remaining
 
 7 units.  The designated employer representatives for units (5)[,]
 
 8 and (6)[, (7), and (8)] shall each have one vote [and in the case
 
 9 of the remaining units,].  In units including county employees,
 
10 the governor shall be entitled to four votes and the mayor of
 
11 each county shall each have one vote, which may be assigned to
 
12 their designated representatives.  Any decision to be reached by
 
13 the applicable employer group shall be on the basis of simple
 
14 majority."
 
15      SECTION 3.  Section 89-10, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "§89-10  Written agreements; appropriations for
 
18 implementation; enforcement.(a)  Any collective bargaining
 
19 agreement reached between the employer and the exclusive
 
20 representative shall be subject to ratification by the employees
 
21 concerned.  The agreement shall be reduced to writing and
 
22 executed by both parties.  The agreement may contain a grievance
 
23 procedure and an impasse procedure culminating in final and
 

 
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                                     H.B. NO.426        
                                                        
                                                        

 
 1 binding arbitration, and shall be valid and enforceable when
 
 2 entered into in accordance with provisions of this chapter.
 
 3      (b)  [All] In all bargaining units except units (7), (8),
 
 4 (14), and (15), all cost items shall be subject to appropriations
 
 5 by the appropriate legislative bodies.  The employer shall submit
 
 6 within ten days of the date on which the agreement is ratified by
 
 7 the employees concerned all cost items contained therein to the
 
 8 appropriate legislative bodies, except that if any cost items
 
 9 require appropriation by the state legislature and it is not in
 
10 session at the time, the cost items shall be submitted for
 
11 inclusion in the governor's next operating budget within ten days
 
12 after the date on which the agreement is ratified.  The state
 
13 legislature or the legislative bodies of the counties acting in
 
14 concert, as the case may be, may approve or reject the cost items
 
15 submitted to them, as a whole.  If the state legislature or the
 
16 legislative body of any county rejects any of the cost items
 
17 submitted to them, all cost items submitted shall be returned to
 
18 the parties for further bargaining.
 
19      In units (7), (14), and (15), negotiated cost and non-cost
 
20 items shall be final upon ratification by the employees
 
21 concerned.  In unit (8), cost and non-cost items shall be final
 
22 when awarded by arbitration, or upon ratification by the
 
23 employees concerned.
 

 
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 1      (c)  Because effective and orderly operations of government
 
 2 are essential to the public, it is declared to be in the public
 
 3 interest that in the course of collective bargaining, the public
 
 4 employer and the exclusive representative for each bargaining
 
 5 unit shall by mutual agreement include provisions in the
 
 6 collective bargaining agreement for that bargaining unit for an
 
 7 expiration date which will be on June 30th of an odd-numbered
 
 8 year.
 
 9      The parties may include provisions for the reopening date
 
10 during the term of a collective bargaining agreement, provided
 
11 that such provisions shall not allow for the reopening of cost
 
12 items as defined in section 89-2.
 
13      In units (7), (8), (14), and (15), the parties may agree to
 
14 expiration dates or reopening dates in their discretion.
 
15      (d)  All existing rules and regulations adopted by the
 
16 employer, including civil service or other personnel regulations,
 
17 which are not contrary to this chapter, shall remain applicable.
 
18 If there is a conflict between the collective bargaining
 
19 agreement and any of the rules and regulations, the terms of the
 
20 agreement shall prevail; provided that the terms are not
 
21 inconsistent with section 89-9(d)."
 
22      SECTION 4.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

 
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                                     H.B. NO.426        
                                                        
                                                        

 
 1      SECTION 5.  This Act shall take effect upon its approval.
 
 2 
 
 3                              INTRODUCED BY:______________________