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THE SENATE |
S.B. NO. |
2214 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to collective bargaining.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 89-9, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) The employer and the exclusive
representative shall meet at reasonable times, including meetings sufficiently
in advance of the February 1 impasse date under section 89-11, and shall negotiate
in good faith with respect to wages, hours, the amounts of contributions by the
State and respective counties to the Hawaii employer-union health benefits
trust fund to the extent allowed in subsection (e), and other terms and
conditions of employment which are subject to collective bargaining and which
are to be embodied in a written agreement as specified in section 89-10[,
but such]; provided that the obligation to meet and negotiate
does not compel either party to agree to a proposal or make a concession[;
provided that the parties may not negotiate with respect to cost items as
defined by section 89-2 for the biennium 1999 to 2001, and the cost items of
employees in bargaining units under section 89-6 in effect on June 30, 1999,
shall remain in effect until July 1, 2001]."
2. By amending subsection (e) to read:
"(e) Negotiations relating to
contributions to the Hawaii employer-union health benefits trust fund shall be
for the purpose of agreeing upon the amounts which the State and counties shall
contribute under [section 87-4,] sections 87A-32, 87A-33, 87A-33.5,
87A-34, 87A-35, and 87A-36 toward the payment of the costs for a health
benefits plan, as defined in section [87-1(8),] 87A-1, and under
section 87A-37 toward the payment of the costs for group life insurance
benefits[, and]; provided that the parties shall not be bound by
the amounts contributed under prior agreements[; provided that section 89-11
for the resolution of disputes by way of arbitration shall not be available to
resolve impasses or disputes relating to the amounts the State and counties
shall contribute to the Hawaii employer-union health benefits trust fund]."
SECTION 2. Section 89-11, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:
"(g) The
decision of the arbitration panel shall be final and binding upon the parties
on all provisions submitted to the arbitration panel. [If the parties have
reached agreement with respect to the amounts of contributions by the State and
counties to the Hawaii employer-union health benefits trust fund by the tenth
working day after the arbitration panel issues its decision, the final and
binding agreement of the parties on all provisions shall consist of the panel's
decision and the amounts of contributions agreed to by the parties. If the
parties have not reached agreement with respect to the amounts of contributions
by the State and counties to the Hawaii employer-union health benefits trust
fund by the close of business on the tenth working day after the arbitration
panel issues its decision, the parties shall have five days to submit their
respective recommendations for such contributions to the legislature, if it is
in session, and if the legislature is not in session, the parties shall submit
their respective recommendations for such contributions to the legislature
during the next session of the legislature. In such event, the final and
binding agreement of the parties on all provisions shall consist of the panel's
decision and the amounts of contributions established by the legislature by
enactment, after the legislature has considered the recommendations for such
contributions by the parties. It is strictly understood that no member of a
bargaining unit subject to this subsection shall be allowed to participate in a
strike on the issue of the amounts of contributions by the State and counties
to the Hawaii employer-union health benefits trust fund.] The parties
shall take whatever action is necessary to carry out and effectuate the final
and binding agreement. The parties may, at any time and by mutual agreement,
amend or modify the panel's decision.
Agreements reached pursuant to the decision of an arbitration panel and the amounts of contributions by the State and counties to the Hawaii employer-union health benefits trust fund, as provided herein, shall not be subject to ratification by the employees concerned. All items requiring any moneys for implementation shall be subject to appropriations by the appropriate legislative bodies and the employer shall submit all such items within ten days after the date on which the agreement is entered into as provided herein, to the appropriate legislative bodies."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Collective Bargaining; Employer-union Health Benefits
Description:
Clarifies provisions that negotiations relating to contributions to the Hawaii employer-union health benefits trust fund shall be to agree upon amounts that the State and counties shall contribute toward the payment of costs for a health benefits plan and group life insurance benefits for certain groups; clarifies that a decision of an arbitration panel shall be final.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.