Report Title:
Public Sector Collective Bargaining Reform
Description:
Amends chapter 89 by removing BU-03, 08, and 13 from binding arbitration to allow these bargaining units to strike. Excludes supervisory classes from collective bargaining, except for certain supervisors in units 9, 10, 11 and 12.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
549 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC SECTOR COLLECTIVE BARGAINING REFORM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. This Act shall be known as the "Public Sector Collective Bargaining Reform Act of 2005".
SECTION 2. Section 89-6, Hawaii Revised Statutes, is amended to read as follows:
"§89-6 Appropriate bargaining units. (a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit[s] or units:
(1) Nonsupervisory employees in blue collar positions;
(2) [Supervisory employees in blue collar positions;] Reserved;
(3) Nonsupervisory employees in white collar positions;
(4) [Supervisory employees in white collar positions;] Reserved;
(5) Teachers and other personnel of the department of education under the same pay schedule, including part-time employees working less than twenty hours a week who are equal to one-half of a full-time equivalent;
(6) [Educational] Nonsupervisory educational officers and other personnel of the department of education under the same pay schedule;
(7) Faculty of the University of Hawaii and the community college system;
(8) Personnel of the University of Hawaii and the community college system, other than faculty;
(9) Registered professional nurses;
(10) Institutional, health, and correctional workers;
(11) Firefighters;
(12) Police officers; and
(13) [Professional] Nonsupervisory professional and scientific employees, who cannot be included in any of the other bargaining units.
(b) [Because] Supervisory personnel generally represent the first level of management; however, because of the nature of work involved and the essentiality of certain occupations that require specialized training, supervisory employees who are eligible for inclusion in units (9) through [(13)](12) shall be included in units (9) through [(13)](12), respectively[, instead of unit (2) or (4)].
(c) The classification systems of each jurisdiction shall be the bases for differentiating blue collar from white collar employees, professional from institutional, health and correctional workers, supervisory from nonsupervisory employees, teachers from educational officers, and faculty from nonfaculty. In differentiating supervisory from nonsupervisory employees, class titles alone shall not be the basis for determination. The nature of the work, including whether a major portion of the working time of a supervisory employee is spent as part of a crew or team with nonsupervisory employees, shall be considered also.
(d) For the purpose of negotiating a collective bargaining agreement, the public employer of an appropriate bargaining unit shall mean the governor together with the following employers:
(1) For bargaining units (1), [(2),] (3), [(4),] (9), (10), and (13), the governor shall have six votes and the mayors, the chief justice, and the Hawaii health systems corporation board shall each have one vote if they have employees in the particular bargaining unit;
(2) For bargaining units (11) and (12), the governor shall have four votes and the mayors shall each have one vote;
(3) For bargaining units (5) and (6), the governor shall have three votes, the board of education shall have two votes, and the superintendent of education shall have one vote;
(4) For bargaining units (7) and (8), the governor shall have three votes, the board of regents of the University of Hawaii shall have two votes, and the president of the University of Hawaii shall have one vote.
Any decision to be reached by the applicable employer group shall be on the basis of simple majority, except when a bargaining unit includes county employees from more than one county. In such case, the simple majority shall include at least one county.
(e) In addition to a collective bargaining agreement under subsection (d), each employer may negotiate, independently of one another, supplemental agreements that apply to their respective employees; provided that any supplemental agreement reached between the employer and the exclusive representative shall not extend beyond the term of the applicable collective bargaining agreement and shall not require ratification by employees in the bargaining unit.
(f) The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:
(1) Elected or appointed official;
(2) Member of any board or commission;
(3) Top-level managerial and administrative personnel, including the department head, deputy or assistant to a department head, administrative officer, director, or chief of a state or county agency or major division, and legal counsel;
(4) Secretary to top-level managerial and administrative personnel under paragraph (3);
(5) Individual concerned with confidential matters affecting employee-employer relations;
(6) Part-time employee working less than twenty hours per week, except part-time employees included in unit (5);
(7) Temporary employee of three months' duration or less;
(8) Employee of the executive office of the governor or a household employee at Washington Place;
(9) Employee of the executive office of the lieutenant governor;
(10) Employee of the executive office of the mayor;
(11) Staff of the legislative branch of the State;
(12) Staff of the legislative branches of the counties, except employees of the clerks' offices of the counties;
(13) Any commissioned and enlisted personnel of the Hawaii national guard;
(14) Inmate, kokua, patient, ward or student of a state institution;
(15) Student help;
(16) Staff of the Hawaii labor relations board; [or]
(17) Employees of the Hawaii national guard youth challenge academy[.]; or
(18) Full supervisors not included in units 9 through 12.
(g) Where any controversy arises under this section, the board shall, pursuant to chapter 91, make an investigation and, after a hearing upon due notice, make a final determination on the applicability of this section to specific individuals, employees, or positions."
SECTION 3. Section 89-7, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) Whenever, in accordance with regulations as may be prescribed by the board pursuant to chapter 91, a petition is filed by an employee organization or group of employees assigned to a classification or classifications that collectively would be identifiable as a homogeneous group to determine whether or by which organization employees desire to be represented for the purpose of collective bargaining, the board shall conduct an investigation and may conduct an election where appropriate as specified herein. A petition to decertify or to change the exclusive bargaining representative must be supported by [fifty] twenty per cent of employees in an appropriate bargaining unit[,] or assigned to a classification or classifications that collectively would be identified as a homogeneous group, through verifiable written proof of the names and signatures of employees. A petition filed by employees assigned to a classification or classifications that collectively would be identified as a homogeneous group shall be apply only to that group. Signatures of employees supporting such a petition must be obtained within two months of the date of the petition to be valid with the board. In its investigation of the showing of interest, the board shall afford all interested parties a contested case hearing.
(b) In any election where none of the choices on the ballot receives a majority of the votes cast, a runoff election shall be conducted with the ballot providing for a selection between the two choices receiving the largest number of valid votes cast in the election. The board shall certify the election results and the employee organization receiving a majority of the votes cast shall be certified as the exclusive representative of all affected employees in the appropriate bargaining unit for the purpose of collective bargaining. The resulting bargaining unit will be designated by the appropriate number in section 89-6 followed by an alpha character. The employee organization shall remain certified as the exclusive representative until it is replaced by another employee organization, decertified, or dissolved."
Section 4. Section 89-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The employee organization which has been certified by the board as representing the majority of affected employees in an appropriate bargaining unit shall be the exclusive representative of all employees in the unit. As exclusive representative, it shall have the right to act for and negotiate agreements covering all employees in the unit and shall be responsible for representing the interests of all such employees without discrimination and without regard to employee organization membership. Any other provision herein to the contrary notwithstanding, whenever two or more employee organizations which have been duly certified by the board as the exclusive representatives of employees in bargaining units merge, combine, or amalgamate or enter into an agreement for common administration or operation of their affairs, all rights and duties of such employee organizations as exclusive representatives of employees in such units shall inure to and shall be discharged by the organization resulting from such merger, combination, amalgamation, or agreement, either alone or with such employee organizations. Election by the employees in the unit involved, and certification [by the board] of such resulting employee organization shall not be required."
Section 5. Section 89-11, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:
"(d) If an impasse exists between a public employer and the exclusive bargaining representative of bargaining unit (1), nonsupervisory employees in blue collar positions; bargaining unit (3), nonsupervisory employees in white collar positions; bargaining unit (5), teachers and other personnel of the department of education; or bargaining unit (7), faculty of the University of Hawaii and the community college system[,]; bargaining unit (8), personnel of the University of Hawaii and the community college system, other than faculty; bargaining unit (13), nonsupervisory professional and scientific employees, who cannot be included in any of the other bargaining units, the board shall assist in the resolution of the impasse as follows:
(1) Voluntary mediation. During the first twenty days of the date of impasse, either party may request the board to assist in a voluntary resolution of the impasse by appointing a mediator or mediators, representative of the public from a list of qualified persons maintained by the board;
(2) Mediation. If the impasse continues more than twenty days, the board shall appoint a mediator or mediators representative of the public from a list of qualified persons maintained by the board, to assist the parties in a voluntary resolution of the impasse. The board may compel the parties to attend mediation, reasonable in time and frequency, until the fiftieth day of impasse. Thereafter, mediation shall be elective with the parties, subject to the approval of the board;
(3) Report of the board. The board shall promptly report to the appropriate legislative body or bodies the following circumstances as each occurs:
(A) The date of a tentative agreement and whether the terms thereof are confidential between the parties;
(B) The ratification or failure of ratification of a tentative agreement;
(C) The signing of a tentative agreement;
(D) The terms of a tentative agreement; or
(E) On or about the fiftieth day of impasse, the failure of mediation.
The parties shall provide the board with the requisite information; and
(4) After the fiftieth day of impasse, the parties may resort to such other remedies that are not prohibited by any agreement pending between them, other provisions of this chapter, or any other law.
(e) If an impasse exists between a public employer and the exclusive representative of [bargaining unit (2), supervisory employees in blue collar positions; bargaining unit (3), nonsupervisory employees in white collar positions; bargaining unit (4), supervisory employees in white collar positions; bargaining unit (6), educational officers and other personnel of the department of education under the same salary schedule; bargaining unit (8), personnel of the University of Hawaii and the community college system, other than faculty;] bargaining unit (9), registered professional nurses; bargaining unit (10), institutional, health, and correctional workers; bargaining unit (11), firefighters; or bargaining unit (12), police officers[; or bargaining unit (13), professional and scientific employees], the board shall assist in the resolution of the impasse as follows:
(1) Mediation. During the first twenty days after the date of impasse, the board shall immediately appoint a mediator, representative of the public from a list of qualified persons maintained by the board, to assist the parties in a voluntary resolution of the impasse.
(2) Arbitration. If the impasse continues twenty days after the date of impasse, the board shall immediately notify the employer and the exclusive representative that the impasse shall be submitted to a three-member arbitration panel who shall follow the arbitration procedure provided herein.
(A) Arbitration panel. Two members of the arbitration panel shall be selected by the parties; one shall be selected by the employer and one shall be selected by the exclusive representative. The neutral third member of the arbitration panel, who shall chair the arbitration panel, shall be selected by mutual agreement of the parties. In the event that the parties fail to select the neutral third member of the arbitration panel within thirty days from the date of impasse, the board shall request the American Arbitration Association, or its successor in function, to furnish a list of five qualified arbitrators from which the neutral arbitrator shall be selected. Within five days after receipt of such list, the parties shall alternately strike names from the list until a single name is left, who shall be immediately appointed by the board as the neutral arbitrator and chairperson of the arbitration panel.
(B) Final positions. Upon the selection and appointment of the arbitration panel, each party shall submit to the panel, in writing, with copy to the other party, a final position which shall include all provisions in any existing collective bargaining agreement not being modified, all provisions already agreed to in negotiations, and all further provisions which each party is proposing for inclusion in the final agreement.
(C) Arbitration hearing. Within one hundred twenty days of its appointment, unless otherwise altered by agreement between the parties, the arbitration panel shall commence a hearing at which time the parties may submit either in writing or through oral testimony, all information or data supporting their respective final positions. The arbitrator, or the chairperson of the arbitration panel together with the other two members, are encouraged to assist the parties in a voluntary resolution of the impasse through mediation, to the extent practicable throughout the entire arbitration period until the date the panel is required to issue its arbitration decision.
(D) Arbitration decision. Within thirty days after the conclusion of the hearing, a majority of the arbitration panel shall reach a decision pursuant to subsection (f) on all provisions that each party proposed in its respective final position for inclusion in the final agreement and transmit a preliminary draft of its decision to the parties. The parties shall review the preliminary draft for completeness, technical correctness, and clarity and may mutually submit to the panel any desired changes or adjustments that shall be incorporated in the final draft of its decision. Within fifteen days after the transmittal of the preliminary draft, a majority of the arbitration panel shall issue the arbitration decision."
Section 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
Section 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |