REPORT TITLE:
Employment Classifications


DESCRIPTION:
Allows employment classifications to be negotiated.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2583
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.  The legislature finds that there is an ever-
 
 2 pressing need to constantly find newer and more efficient means
 
 3 by which to provide government services.  Part of the solution to
 
 4 more efficiently provide these services to the public is by
 
 5 utilizing technological advancements to the greatest extent
 
 6 possible.  However, the legislature recognizes that utilizing
 
 7 technology to increase productivity and efficiency is not enough.
 
 8 Providing public employers and employees with the tools and
 
 9 opportunities to reshape the way work is conceived and performed
 
10 is, and always will be, the key component in successfully
 
11 providing government services in a timely manner.
 
12      To this end, the legislature believes that allowing job
 
13 classifications to be negotiated will serve to enhance the
 
14 productivity and efficiency of the public workforce by enabling
 
15 public employers to more easily shift their workforce
 
16 responsibilities as the need arises.
 
17      The broadening of job classifications would be accomplished
 
18 by authorizing public employers, separately if need be, to
 
19 negotiate with the exclusive representative of the bargaining
 

 
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 1 unit whose classifications are being altered.  Once the amended
 
 2 job classifications have been agreed upon, a memorandum of
 
 3 agreement outlining the terms and conditions of the amended
 
 4 classifications would be appended to the collective bargaining
 
 5 agreement of the affected bargaining unit.
 
 6      By utilizing a memorandum of agreement, each jurisdiction
 
 7 would be provided greater flexibility and autonomy to address
 
 8 other localized priorities, needs, and concerns.  This would
 
 9 foster greater efficiency within the civil service system and
 
10 improve overall services to the public.
 
11      Not only will this concept allow public employers to more
 
12 readily adapt to the constantly changing needs of the public it
 
13 serves, but it will avail countless new job opportunities and
 
14 challenges to public employees.  As such, this Act will further
 
15 the legislature's goal of embracing its technological future
 
16 while cultivating a public workforce that is vibrant, flexible,
 
17 and ready to meet the challenges of the new millennium.
 
18      The purpose of this Act is to allow public sector job
 
19 classifications to be negotiated.
 
20      SECTION 2.  Section 89-9, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "§89-9 Scope of negotiations.(a)  The employer and the
 
23 exclusive representative shall meet at reasonable times,
 

 
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 1 including meetings in advance of the employer's budget-making
 
 2 process, and shall negotiate in good faith with respect to wages,
 
 3 hours, the number of incremental and longevity steps and movement
 
 4 between steps within the salary range, classification, the
 
 5 amounts of contributions by the State and respective counties to
 
 6 the Hawaii public employees health fund to the extent allowed in
 
 7 subsection (e), and other terms and conditions of employment
 
 8 which are subject to negotiations under this chapter and which
 
 9 are to be embodied in a written agreement, or any question
 
10 arising thereunder, but such obligation does not compel either
 
11 party to agree to a proposal or make a concession; provided that
 
12 the parties may not negotiate with respect to cost items as
 
13 defined by section 89-2 for the biennium 1999 to 2001, and the
 
14 cost items of employees in bargaining units under section 89-6 in
 
15 effect on June 30, 1999, shall remain in effect until July 1,
 
16 2001.
 
17      (b)  The employer or the exclusive representative desiring
 
18 to initiate negotiations shall notify the other in writing,
 
19 setting forth the time and place of the meeting desired and
 
20 generally the nature of the business to be discussed, and shall
 
21 mail the notice by certified mail to the last known address of
 
22 the other party sufficiently in advance of the meeting.
 
23      (c)  Except as otherwise provided herein, all matters
 

 
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                                     S.B. NO.           2583
                                                        
                                                        

 
 1 affecting employee relations, including those that are, or may
 
 2 be, the subject of a regulation promulgated by the employer or
 
 3 any personnel director, are subject to consultation with the
 
 4 exclusive representatives of the employees concerned.  The
 
 5 employer shall make every reasonable effort to consult with the
 
 6 exclusive representatives prior to effecting changes in any major
 
 7 policy affecting employee relations.
 
 8      (d)  Excluded from the subjects of negotiations are matters
 
 9 of [classification and reclassification,] benefits of but not
 
10 contributions to the Hawaii public employees health fund,
 
11 retirement benefits except as provided in section 88-8(h), and
 
12 the salary ranges now provided by law; provided that the number
 
13 of incremental and longevity steps, the amount of wages to be
 
14 paid in each range and step, and movement between steps within
 
15 the salary range shall be negotiable.  The employer and the
 
16 exclusive representative shall not agree to any proposal which
 
17 would be inconsistent with merit principles or the principle of
 
18 equal pay for equal work pursuant to sections 76-1, 76-2, 77-31,
 
19 and 77-33, or which would interfere with the rights of a public
 
20 employer to (1) direct employees; (2) determine qualification,
 
21 standards for work, the nature and contents of examinations,
 
22 hire, promote, transfer, assign, and retain employees in
 
23 positions and suspend, demote, discharge, or take other
 

 
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 1 disciplinary action against employees for proper cause; (3)
 
 2 relieve an employee from duties because of lack of work or other
 
 3 legitimate reason; (4) maintain efficiency of government
 
 4 operations; (5) determine methods, means, and personnel by which
 
 5 the employer's operations are to be conducted; and take such
 
 6 actions as may be necessary to carry out the missions of the
 
 7 employer in cases of emergencies; provided that the employer and
 
 8 the exclusive representative may negotiate procedures governing
 
 9 the promotion and transfer of employees to positions within a
 
10 bargaining unit, procedures governing the suspension, demotion,
 
11 discharge or other disciplinary actions taken against employees,
 
12 and procedures governing the layoff of employees; provided
 
13 further that violations of the procedures so negotiated may be
 
14 the subject of a grievance process agreed to by the employer and
 
15 the exclusive representative.
 
16      (e)  Negotiations relating to contributions to the Hawaii
 
17 public employees health fund shall be for the purpose of agreeing
 
18 upon the amounts which the State and counties shall contribute
 
19 under section 87-4, toward the payment of the costs for a health
 
20 benefits plan, as defined in section 87-1(8), and group life
 
21 insurance benefits, and the parties shall not be bound by the
 
22 amounts contributed under prior agreements; provided that section
 
23 89-11 for the resolution of disputes by way of fact-finding or
 

 
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 1 arbitration shall not be available to resolve impasses or
 
 2 disputes relating to the amounts the State and counties shall
 
 3 contribute to the Hawaii public employees health fund.
 
 4      (f)  Any employer may enter into negotiations with the
 
 5 exclusive representative and resolve collective bargaining
 
 6 matters that are unique to the employer's jurisdiction.  Any
 
 7 agreement reached under this subsection between an employer and
 
 8 the exclusive representative shall not require the approval of
 
 9 any other employer jurisdiction; provided that no other employer
 
10 shall be bound by the agreement reached by another employer and
 
11 exclusive representative executed pursuant to this subsection.
 
12 The terms and conditions negotiated between the parties shall be
 
13 embodied in writing through a memorandum of agreement that shall
 
14 be attached to the collective bargaining agreement of the
 
15 affected bargaining unit."
 
16      SECTION 3.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 4.  This Act shall take effect upon its approval.
 
19 
 
20                           INTRODUCED BY:  _______________________