STAND. COM. REP. NO. 2557

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 Judiciary and Government Operations, to which was referred S.B. No. 2883, S.D. 1, entitled:

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

begs leave to report as follows:

     The purpose of this measure is clarify that, with regard to an employer's sick leave benefits, policies, or provisions, when there is a conflict between a collective bargaining agreement and any house rules or policies adopted by the employer, the terms of the collective bargaining agreement shall prevail.

     Your Committee finds that this measure necessarily follows from the constitutional right of private employees to organize for the purpose of collective bargaining under article XIII, section 1, of the Hawaii State Constitution by ensuring that sick leave benefits lawfully negotiated and executed in a collective bargaining agreement shall not be abrogated by employer policies.

     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. 2883, S.D. 1, and recommends that it pass Third Reading.

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

____________________________

BRIAN T. TANIGUCHI, Chair