A BILL FOR AN ACT

SECTION 1. Section 386-3, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) A claim for mental stress resulting solely from a personnel action, including disciplinary action, taken [in good faith] by the employer shall not be allowed[; provided that if a collective bargaining agreement or other employment agreement specifies a different standard than good faith for disciplinary actions, the standards set in the collective bargaining agreement or other employment agreement shall be applied in lieu of the good faith standard. For purposes of this subsection, the standards set in the collective bargaining agreement or other employment agreement shall be applied in any proceeding before the department, the appellate board, and the appellate courts]."

SECTION 2. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.