CONFERENCE COMMITTEE REP. NO. 176
Honolulu, Hawaii
, 2005
RE: S.B. No. 1352
S.D. 1
H.D. 1
C.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1352, S.D. 1, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO PUBLIC EMPLOYEES,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is permit a state or county employee to take seven days of paid leave per year to serve as a bone marrow donor and thirty days of paid leave per year to serve as an organ donor.
This measure also clarifies the rights of public employees to engage in collective bargaining under chapter 89, Hawaii Revised Statutes, in light of recent court decisions, Hoopai v. Civil Service Comm’n, 106 Hawai`i 205 (2004) and United Public Workers, AFSCME, Local 646, AFL-CIO v. Hanneman, 106 Hawai`i 359 (2005), and to avoid the invalidation of provisions of collective bargaining agreements in effect on and after July 1, 2005.
Your Committee on Conference finds that the negotiations over procedures and criteria of promotions, transfers, assignments demotions, layoffs, suspension, terminations, discharges, or other disciplinary actions, and negotiations over the impact of transfers, assignments, and layoffs, are consistent with the underlying purpose of chapter 89, Hawaii Revised Statutes. Exclusive representatives and public employees have negotiated over these subject matters since 1970. Provisions in collective bargaining agreements in effect on and after July 1, 2005 should not be subject to invalidation by reason of section 89-9(d), Hawaii Revised Statutes.
Therefore, upon further consideration, your Committee on Conference has amended this measure by:
(1) Deleting the provision regarding leaves of absences for serving as a bone marrow or organ donor for state and county employees;
(2) Restoring the enumerated provisions (1)–(8) within section 89-9(d), Hawaii Revised Statutes;
(3) Clarifying that no provision contained in a collective bargaining agreement in effect on July 1, 2005 is invalidated;
(4) Providing that negotiations over the procedures and criteria on promotions, transfers, assignments, demotions, layoffs, suspensions, terminations, discharges, or other disciplinary actions of public employees shall not be precluded;
(5) Mandating negotiations over the impact of transfers, assignments, and layoffs of public employees;
(6) Clarifying that violations of procedures and criteria negotiated may be subject to the grievance procedure in the collective bargaining agreement; and
(7) Changing the effective date of the Act from July 1, 2010 to effective upon its approval.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1352, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1352, S.D. 1, H.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE HOUSE |
ON THE PART OF THE SENATE |
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____________________________ KIRK CALDWELL, Co-Chair |
____________________________ BRIAN KANNO, Chair |
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____________________________ DWIGHT TAKAMINE, Co-Chair |
____________________________ BRIAN T. TANIGUCHI, Co-Chair |
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