Allows counties to bargain separately from the State with the exclusive representative of each public sector employee organization.

A BILL FOR AN ACT

SECTION 1. The legislature finds that, under the existing public sector collective bargaining laws, the counties must negotiate collective bargaining agreements in concert with the State. Under these conditions, the counties are often saddled with cost increases that the State may be able to afford, but the counties are not. For example, when voting on whether to adopt a collective bargaining agreement on behalf of public employers for bargaining units (1), (2), (3), (4), (9), (10), and (13), the governor has six votes, while the chief justice, the Hawaii health systems corporation board, and the mayors each have one vote. In actuality, since the chief justice and the Hawaii health systems corporation board are representatives of state entities, these eight state-based votes outnumber the mayors' four votes. Although section 89-6, Hawaii Revised Statutes, does provide that at least one mayor must vote in agreement with the governor when adopting a collective bargaining agreement proposal that involves county employees, the governor need only persuade one mayor to vote in favor of the governor's proposal. In such circumstances, although the three other counties may be not be able to afford the terms of a collective bargaining agreement proposal, they must pay the costs of it regardless of the agreement's affordability.

The legislature believes that the counties should be able to negotiate and execute collective bargaining agreements that are based on each county's ability to afford and accommodate cost and other elements. The legislature also believes that, in the alternative, if the counties so choose, the counties should be allowed to negotiate collectively as public employers, but separately from the State when negotiating and executing public sector collective bargaining agreements.

The purpose of this Act is to allow the counties to negotiate and execute their own collective bargaining agreements with the exclusive representatives of public sector employee organizations.

SECTION 2. Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) For the purpose of negotiating a collective bargaining agreement, the public employer of an appropriate bargaining unit shall mean the governor [together with] and the following employers:

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]."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval; provided that the amendments made by this Act to section 89-6(d), Hawaii Revised Statutes, shall not be repealed when the underlying provisions of section 89-6, Hawaii Revised Statutes, are reenacted on July 1, 2008, pursuant to Act 245, Session Laws of Hawaii 2005.