Exempts grievance arbitrations between the public employers and the public employees' exclusive representatives under chapter 89, from the Uniform Arbitration Act.

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to exempt grievance arbitrations between the public employers and the public employees' exclusive representatives under chapter 89, from chapter 658A, Hawaii Revised Statutes (the Uniform Arbitration Act), except where judicial intervention is currently allowed. It is the legislature's belief that the grievance arbitration procedures between the public employers and the exclusive representatives under chapter 89 should be negotiated rather than statutorily imposed upon the parties. This Act will restore the parties' right to negotiate their own grievance arbitration procedures.

SECTION 2. Section 658A-3, Hawaii Revised Statutes, is amended to read as follows:

"§658A-3 When chapter applies. (a) Except as provided in subsection (c), this chapter governs an agreement to arbitrate made on or after July 1, 2002.

(b) This chapter governs an agreement to arbitrate made before July 1, 2002, if all the parties to the agreement or to the arbitration proceeding so agree in a record. If the parties to the agreement or to the arbitration do not so agree in a record, an agreement to arbitrate that is made before July 1, 2002, shall be governed by the law specified in the agreement to arbitrate or, if none is specified, by the state law in effect on the date when the arbitration began or on June 30, 2002, whichever first occurred.

(c) After June 30, 2004, this chapter governs an agreement to arbitrate whenever made.

(d) Notwithstanding any provision to the contrary, except for sections 658A-22, 658A-23, 658A-24, 658A-25(a), and 658A-28, this chapter shall not apply to grievance arbitrations authorized by collective bargaining agreements between public employers and exclusive representatives under chapter 89."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.