HB1916

SECTION 1. The legislature finds that the legislature established the Hawaii labor relations board and its predecessor to ensure that individuals would be board members for consecutive terms. The purpose was for board members to accumulate experience and to provide continuity and uniformity for the board's decisions and conduct. The legislature further finds that chapter 89, Hawaii Revised Statutes, reflects this intent, and board members, for the most part, served consecutive terms and accomplished the original goals.

The legislature finds, however, that recent appointments to the Hawaii labor relations board have not reflected the legislature's intent as codified in chapter 89, Hawaii Revised Statutes. The purpose of this Act is to remedy this recent development by clarifying the legislature's intent.

SECTION 2. Section 89-5, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) The board shall be composed of three members of which (1) one member shall be representative of management, (2) one member shall be representative of labor, and (3) the third member, the chairperson, shall be representative of the public. All members shall be appointed by the governor [~~for terms of six years each.~~] in the following manner:

(1) Public employers shall submit to the governor a list of persons from which the governor shall select the member representing management.

(2) Employee organizations representing public employees shall submit to the governor a list of persons from which the governor shall select the member representing labor.

(3) Public employers and employee organizations representing public employees [~~may~~] shall meet and submit to the governor [~~for consideration names~~] a list of persons [~~to serve as members of the board and the governor shall first consider these persons in selecting the members of the board.~~] that have been approved by at least sixty per cent of both the public employers and the employee organizations, who shall be the exclusive representatives of the bargaining units as set forth in section 89-6(a); provided that each exclusive representative shall have one vote per bargaining unit that the representative is certified to represent; provided further that the governor shall select a representative only from the list that was submitted in the foregoing manner by the public employers and employee organizations representing public employees.

(c) Each member shall hold office until the member's successor is appointed and qualified. Because cumulative experience and continuity in office are essential to the proper administration of this chapter, it is declared to be in the public interest to continue board members in office as long as efficiency is demonstrated, [~~notwithstanding the provision of section 26-34, which limits the appointment of a member of a board or commission to two terms.~~] without a term limit for board members; provided that members shall only hold office during good behavior and shall be removed only in the manner in which judges are removed, as set forth in article VI, section 5 of the Constitution of the State of Hawaii."

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.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1916
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII