STAND. COM. REP. NO.  1532-12

Honolulu, Hawaii

                , 2012

RE:   S.B. No. 2967

      S.D. 2

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Finance, to which was referred S.B. No. 2967, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO COLLECTIVE BARGAINING,"

begs leave to report as follows:

The purpose of this measure is to better protect public employee rights by creating a new collective bargaining unit (14) for Ocean Safety Officers and Water Safety Officers employed by the State or counties.

The City and County of Honolulu; Mayor of the County of Kauai; Mayor of the County of Maui; Ocean Safety and Lifeguard Services Division of the City and County of Honolulu; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; Hawaiian Lifeguard Association; North Shore Lifeguard Association; and numerous concerned individuals supported this measure.

     Your Committee has amended this measure by:

     (1)  Placing Ocean Safety Officer and Water Safety Officer supervisory employees in the newly created bargaining unit (14);

     (2)  Requiring the Hawaii Labor Relations Board to not direct an election in any bargaining unit within which a new bargaining unit with a specified composition is created, rather than specifying that the Board will not direct an election in any newly established bargaining unit within which a valid election has been held in the preceding twelve months or a valid collective bargaining agreement is in force and effect;

     (3)  Deleting the required report to the Legislature with information and statutory amendments required to formalize the creation and establishment of the new bargaining unit (14) and the migration of employees to the new bargaining unit without loss of accrued benefits, seniority, and wages;

     (4)  Inserting language to protect the rights, benefits, and privileges of Ocean Safety Officers and Water Safety Officers during the transition to the new bargaining unit (14);

     (5)  Changing its effective date to July 1, 2030, to encourage further discussion; and

     (6)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2967, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2967, S.D. 2, H.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

MARCUS R. OSHIRO, Chair