STAND. COM. REP. NO.  1910

Honolulu, Hawaii

                , 2007

RE:   S.B. No. 1642

      S.D. 1

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Finance, to which was referred S.B. No. 1642, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LABOR,"

begs leave to report as follows:

     The purpose of this bill is to establish clear distinctions between mandatory, excluded, and permissive subjects of collective bargaining.  Specifically, this measure:

     (1)  Allows a public employer to negotiate over procedures and criteria on promotions, transfers, assignments, demotions, layoffs, suspensions, terminations, discharges, or other disciplinary actions; and

     (2)  Subjects violations of negotiated and agreed-upon procedures and criteria to the grievance procedure contained in a collective bargaining agreement.

     The Hawaii State Teachers Association and Hawaii Government Employees Association testified in support of this bill.  The Office of Collective Bargaining, Department of Human Resources Development, Judiciary, Department of the Attorney General, Department of Education, Department of Human Resources of the County of Hawaii, Department of Personnel Services of the County of Maui, Department of Human Resources of the City and County of Honolulu, Hawaii Police Department, and Maui Police Department opposed this measure.

     Your Committee has amended this bill by:

     (1)  Changing the effective date to July 1, 2007; provided that the amendments made to section 89-9(d), Hawaii Revised Statutes, by the Act shall not be repealed when that section is re-enacted on July 1, 2008, by section 8 of Act 245, Session Laws of Hawaii, 2005; and

     (2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1642, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1642, S.D. 1, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Finance,

____________________________

MARCUS R. OSHIRO, Chair