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 S.B. No. 2111 entitled:

begs leave to report as follows:

The purpose of this measure is to allow a public employer and an exclusive representative to determine whether non-cost items in a collective bargaining agreement will become effective upon ratification, upon the acceptance of all cost items by the appropriate legislative body, or at some other agreed upon time.

In addition, this measure consolidates existing laws governing conflicts between a collective bargaining agreement and rules adopted by a public employer, the civil service law (chapter 76, Hawaii Revised Statutes), and the law relating to public service (chapter 78, Hawaii Revised Statutes).

Your Committee finds that existing law makes all non-cost items in a collective bargaining agreement valid, enforceable, and effective before the acceptance of all cost items by the appropriate legislative body. In recognition of the fact that public employers and exclusive representatives occasionally exchange concessions on cost items for concessions on non-cost items, and vice-versa, your Committee finds that existing law actually fragments the collective bargaining process and undermines the work of negotiators. This measure is intended to give negotiators the power to determine, through the collective bargaining process, whether non-cost items in a collective bargaining agreement will become effective upon ratification, upon the acceptance of all cost items by the appropriate legislative body, or at some other agreed upon time.

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 S.B. No. 2111 and recommends that it pass Third Reading.