SB1830

THE SENATE	S.B. NO.	1830
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to labor.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that initially, the Hawaii labor relations board, and its predecessor the Hawaii public employment relations board, were designed by the legislature to have individuals hold the offices of board members for continuous terms in order to have cumulative experience and continuity in offices. The statutory language in chapter 89, Hawaii Revised Statutes, reflects this intent. Initially, the Hawaii public employment relations board members were appointed and reappointed to reflect this statutory structure for cumulative experience and continuity in office. However, recently, the appointments to the Hawaii labor relations board have not reflected this statutory intent to support cumulative experience and continuity in office. The legislature further finds that in order to remedy this situation, the following amendments to chapter 89, Hawaii Revised Statutes, are being enacted.

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~~]. Public employers shall submit to the governor names of persons from which to select the individual who shall serve as the member who shall be representative of management; provided that the governor shall select the representative of management only from those names submitted by public employers. Employee organizations representing public employees shall submit to the governor names of persons from which to select the individual who shall serve as the member who shall be representative of labor; provided that the governor shall select the representative of labor only from those names submitted by employee organizations representing public employees. Public employers and employee organizations representing public employees [~~may~~] shall jointly meet and submit to the governor [~~for consideration~~] names 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 jointly agreed upon by at least sixty per cent of the public employers and sixty per cent of the employee organizations who are the exclusive representatives of the bargaining units set forth in section 89-6(a), with each exclusive representative having one vote per bargaining unit that it has been certified by the board to represent; provided that the governor shall select the public member only from those names that were jointly 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. Board members shall hold office without specific term limits; provided that the board members continue to demonstrate good behavior and shall be involuntarily removed only in the manner prescribed for the removal of judges as set forth in article VI, section 5 of the state constitution."

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:	_____________________________