STAND. COM. REP. NO. 623

Honolulu, Hawaii

RE:    S.B. No. 1621

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 1621, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COLLECTIVE BARGAINING,"

begs leave to report as follows:

     The purpose of this measure is to facilitate the right to organize for the purpose of collective bargaining as recognized in Section 1 of Article XIII of the Hawaii State Constitution by:

     (1)  Setting the procedures for establishing an initial agreement for collective bargaining following certification or recognition of a labor organization as a representative;

     (2)  Allowing for the use of signed valid authorizations designating an individual or labor organization designated in the petition for representation, so that no election is to be directed by the Hawaii Labor Relations Board;

     (3)  Clarifying that a duly certified labor organization that represents employees for the purpose of collective bargaining has a privilege to refuse to disclose and to prevent any other person from disclosing confidential information and communications made for the purpose of facilitating the rendition of union representational services to employees through the collective bargaining process;

     (4)  Allowing a labor organization that provides representational services related to collective bargaining to bring a civil action in circuit court for nonpayment of union dues by members and agency fees by persons covered by a collective bargaining agreement;

(5)  Establishing that it is a complete defense to prosecution for trespass and offenses against public order, where a person or persons are engaged in a labor dispute to publicize the existence of the dispute on the pathways, sidewalks, and areas adjacent to the entry ways or exits used by customers or employees, or both, to gain access to the establishment gained in the dispute; and

(6)  Making it a violation for an employer to wilfully or repeatedly commit unfair or prohibited practices interfering with an employee's statutory rights or discriminating against an employee for exercising protected conduct.

     Your Committee finds that this measure is consistent with and in furtherance of the right to organize for the purpose of collective bargaining as established under Article XIII of the Hawaii State Constitution.

     Your Committee has amended this measure by making a technical, nonsubstantive amendment.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1621, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1621, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

____________________________

BRIAN T. TANIGUCHI, Chair