STAND. COM. REP. NO. 2337

Honolulu, Hawaii

RE:    S.B. No. 2967

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2967 entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to establish a separate collective bargaining unit for ocean safety and water safety officers employed by the State or counties.

     Your Committee received testimony in support of this measure from the Mayor of the County of Kauai; the Mayor of the County of Hawaii; a Council Member of the County of Hawaii; the Honolulu Emergency Services Department of the City and County of Honolulu; the Kauai Fire Department of the County of Kauai; the Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; the Hawaiian Lifeguard Association; thirteen private individuals; and a petition with a total of one hundred sixteen signatures.  The Mayor of the City and County of Honolulu submitted comments.

     Your Committee finds that ocean safety and water safety officers are highly trained and competent emergency first responders.  Ocean safety and water safety officers employed by the State or counties currently belong to bargaining units (3) and (4) for white collar employees and white collar supervisors, respectively.  Bargaining unit (3) is the largest of all of the thirteen bargaining units in the State and comprises a broad and heterogeneous membership.  The membership size and diversity of professions included in this bargaining unit increase the complexity and ability to address the specialized needs of ocean safety and water safety officers.  By establishing a separate bargaining unit for these officers, this measure will enable these officers to more easily address with the employer any specialized needs of ocean safety and water safety officers, including fitness and equipment requirements, and improve salaries, benefits, and working conditions.

     Your Committee has amended this measure by:

     (1)  Adopting the amendments suggested by the Hawaii Government Employees Association that:

          (A)  Correct language to refer to the exclusive representative rather than a public sector union; and

          (B)  Amend the law relating to elections to determine whether or by which organization employees desire to be represented in collective bargaining by excluding from such elections a new bargaining unit established and comprised of employees covered under an existing valid collecting bargaining agreement; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2967, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2967, S.D. 1, and be referred to the Committee on Ways and Means.

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

____________________________

CLAYTON HEE, Chair