SB2949.DOC

THE SENATE	S.B. NO.	2949
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO COLLECTIVE BARGAINING.

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

SECTION 1. The legislature declares that it is the public policy of the State to protect the public by assuring effective and orderly operations of government.

The legislature finds that joint decision-making is the modern way of administering government operations. When public employees have been given the right to share in the decision‑making process affecting wages and working conditions, they have become more responsive and better able to exchange ideas and information on government operations with administrators. The result is more effective and efficient government operations.

The legislature further finds that statutes establishing guidelines for public employment relations is the best way to harness and direct the energies of public employees eager to have a voice in determining their working conditions; to provide a rational method for dealing with disputes and work stoppages; and to maintain an amicable labor environment.

The legislature further finds that the recent issue of imposed public employee furlough days has been contentious and disruptive to the lives of public employees and students.

The purpose of this Act is to clarify the scope of negotiation in collective bargaining to include the issue of negotiation on furloughs.

SECTION 2. Section 89-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Furlough" means a temporary layoff from work without pay or any other term having similar effect, including furlough which occurs during the period of a collective bargaining agreement that has been previously executed if that collective bargaining agreement did not include an agreement on furlough."

SECTION 3. Section 89-2, Hawaii Revised Statutes, is amended by amending the definition of "collective bargaining" to read as follows:

""Collective bargaining" means the performance of the mutual obligations of the public employer and an exclusive representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to wages, hours, amounts of contributions by the State and counties to the Hawaii public employees health fund, and other terms and conditions of employment, except that by any such obligation neither party shall be compelled to agree to a proposal, or be required to make a concession. For the purposes of this definition, "wages" includes the number of incremental and longevity steps, the number of pay ranges, furlough, and the movement between steps within the pay range and between the pay ranges on a pay schedule under a collective bargaining agreement."

SECTION 4. Section 89-9, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Except as otherwise provided in this chapter, all matters affecting employee relations, including furlough and those that are, or may be, the subject of a rule adopted by the employer or any director, shall be subject to consultation with the exclusive representatives of the employees concerned[.]; provided that furlough, if any, shall be a mandatory subject of collective bargaining. The employer shall make every reasonable effort to consult with exclusive representatives and consider their input, along with the input of other affected parties, prior to effecting changes in any major policy affecting employee relations."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval, and shall also apply to any furlough issues existing and unresolved at the time of the effective date of this Act without regard to whether the underlying collective bargaining agreement includes a provision for furloughs.

INTRODUCED BY:	_____________________________