HOUSE OF REPRESENTATIVES	H.B. NO.	1815
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO GOVERNMENT.

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

     SECTION 1.  The purpose of this Act is to require an arbitration panel to weigh the value of the defined benefit pension plan for public employees when making a decision on an impasse under chapter 89, Hawaii Revised Statutes.

     SECTION 2.  Section 89-11, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  An arbitration panel in reaching its decision shall give weight to the following factors and shall include in its written report or decision an explanation of how the factors were taken into account:

     (1)  The lawful authority of the employer, including the ability of the employer to use special funds only for authorized purposes or under specific circumstances because of limitations imposed by federal or state laws or county ordinances, as the case may be;

     (2)  Stipulations of the parties;

     (3)  The interests and welfare of the public;

     (4)  The financial ability of the employer to meet these costs; provided that the employer's ability to fund cost items shall not be predicated on the premise that the employer may increase or impose new taxes, fees, or charges, or develop other sources of revenues;

     (5)  The present and future general economic condition of the counties and the State;

     (6)  Comparison of wages, hours, and conditions of employment of the employees involved in the arbitration proceeding with the wages, hours, and conditions of employment of other persons performing similar services, and of other state and county employees in Hawaii;

(7) The benefits and pension guarantees of the defined benefit pension plan available to the employees pursuant to chapter 88 in comparison to the benefits and pension guarantees of retirement plans for private sector employees in Hawaii;

    [(7)] (8)  The average consumer prices for goods or services, commonly known as the cost of living;

    [(8)] (9)  The overall compensation presently received by the employees, including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received;

    [(9)] (10) Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings; and

   [(10)] (11) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours, and conditions of employment through voluntary collective bargaining, mediation, arbitration, or otherwise between the parties, in the public service or in private employment."

     SECTION 3.  This Act shall not apply to any arbitration proceeding that commenced before the effective date of this Act.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2015.

INTRODUCED BY:

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Report Title:

Collective Bargaining; Arbitration

Description:

Requires an arbitration panel to weigh the value of the defined benefit pension plan for public employees when making a decision on an impasse under the public employment collective bargaining law.  Effective 7/1/15.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.