Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 1843 entitled:

begs leave to report as follows:

The purpose of this measure is to reinstate binding interest arbitration for bargaining unit (9), registered professional nurses and, consequently, to eliminate their right to participate in a strike.

Your Committee finds that state hospitals cannot function safely without their registered professional nurses. A strike by registered professional nurses would jeopardize the health and safety of patients, and could expose the State to lawsuits if these patients are injured or become ill because of inadequate nursing care. A strike by registered professional nurses could also expose certified nurse assistants and licensed practical nurses to disciplinary action if they perform work that is clearly outside the scope of their certification or licensure. With the repeal of the essential worker law, there is no effective means—other than binding interest arbitration—for protecting the health and safety of the public from imminent or present danger during a strike.

Your Committee has amended this measure by changing its effective date to July 1, 2020, in order to continue discussions on this particular matter and to consider including bargaining unit 3 (emergency response operators and police radio dispatchers) and bargaining unit 4 (supervising police radio dispatchers). Your Committee needs to resolve some legal issues raised about these bargaining units.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1843, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1843, S.D. 1.