Assigns new century charter school employees to public sector bargaining units. Establishes collective bargaining process for new century charter school employees. (SD1)

A BILL FOR AN ACT

SECTION 1. Chapter 89, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§89-   Collective bargaining for employees in new century charter schools; assignment of employees to an appropriate bargaining unit; determination of employer for the purpose of negotiation; determination of exclusive representative for the purpose of negotiation. (a) The employees of new century charter schools shall be assigned to an appropriate bargaining unit as specified in section 89-6; provided that if a new century charter school employee's job description contains the duties and responsibilities of an employee that could be assigned to more than one bargaining unit, the duties and responsibilities that are performed by the employee for the majority of the time, based on the employee's average workweek, shall be the basis of bargaining unit assignment for the employee.

(b) For the purpose of negotiating a collective bargaining agreement for new century charter schools employees who are assigned to an appropriate bargaining unit, the employer shall be determined as provided in section 89-6(d).

(c) The local school board may enter into negotiations for a memorandum of agreement or a supplemental agreement to the master collective bargaining contract for the relevant public employee bargaining unit, specific to its school, subject to the conditions and requirements contained in the applicable sections of this chapter governing any memorandum of agreement or supplemental agreement.

(d) Pursuant to this chapter, the exclusive representative shall mean the employee organization certified by the Hawaii labor relations board as the collective bargaining agent to represent all employees in an appropriate bargaining unit without discrimination and without regard to employee organization membership.

(e) Negotiations over matters covered by this section shall be conducted between the employer and exclusive representative pursuant to this chapter. Cost items that are appropriated for and approved by the legislature and contained in a collective bargaining agreement, memorandum of agreement, or supplemental agreement covering, wholly or partially, employees in new century charter schools shall be allocated by the department of budget and finance to the charter school administrative office for distribution to charter schools. However, if the charter school administrative office deems it appropriate, the cost items may be funded from a new century charter school's existing allocation or other sources of revenue received by a new century charter school."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.