STAND. COM. REP. NO. 2266

Honolulu, Hawaii

RE:    S.B. No. 2883

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committee on Labor, to which was referred S.B. No. 2883 entitled:

"A BILL FOR AN ACT RELATING TO EMPLOYMENT PRACTICES,"

begs leave to report as follows:

     The purpose of this measure is to make it an unlawful practice for any employer or labor organization to bar or discharge from employment, withhold pay from, or demote an employee because the employee uses accrued and available sick leave.

     Testimony in support of this measure was submitted by five private organizations and three individuals.  Testimony in opposition of this measure was submitted by two state agencies, one county agency, and six private organizations.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

     Your Committee finds that eliminating the ability of employers to undermine sick leave benefits previously negotiated under collective bargaining with subpar house rules or policies is not fair or just to employees covered by a collective bargaining agreement.  However, your Committee also finds that the measure as received by your Committee may be viewed as overly prescriptive to the point where it interferes with an employer's ability to effectively manage their workforce.  In light of this concern, your Committee believes that requiring the terms of a collective bargaining agreement to prevail in instances of conflict with an employer's rules or policies would be more equitable.

     Your Committee has amended this measure by deleting the contents of this measure and replacing it with a new section concerning accrued and available sick leave benefits that is to be appropriately designated in chapter 392, Hawaii Revised Statutes.

     As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2883, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2883, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.

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

____________________________

DWIGHT Y. TAKAMINE, Chair