Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Labor and Public Employment, to which was referred H.B. No. 2278 entitled:

begs leave to report as follows:

The purpose of this bill is to require unions to give an employer at least ten days advance notice of the intent to strike.

The University of Hawaii Professional Assembly testified in support of this measure. The Department of Human Resources Development testified in opposition to this measure.

During the last round of negotiations and bargaining between various unions and the State, confusion arose concerning the effectiveness of a strike notice and appropriate filing procedures with the Hawaii Labor Relations Board (HLRB). In question was the timing of the filing of the intent to strike and whether days during which the HLRB offices were closed, such as weekends and holidays, counted towards the ten-day advance notice.

Although your Committee understands the concerns of the labor unions, your Committee recognizes that allowing unions to file a notice of intent to strike longer than ten days in advance would not be in the general interest of the public. However, the confusion regarding whether days which HLRB offices are closed count towards the ten-day advance notice of an intent to strike is a matter that needs to be addressed. Accordingly, this bill has been amended by requiring notice of an intent to strike to be filed ten working days in advance. Working days excludes Saturdays, Sundays, and state holidays.

As affirmed by the record of votes of the members of your Committee on Labor and Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2278, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2278, H.D. 1, and be referred to the Committee on Finance.