STAND. COM. REP. NO. 3163

Honolulu, Hawaii

RE:    H.B. No. 2496

       H.D. 1

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 2496, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HAWAII LABOR RELATIONS BOARD,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend the procedures by which regular and acting members of the Hawaii Labor Relations Board are appointed by the Governor.  Specifically, this measure requires the Governor to appoint:

     (1)  The representative of management after first considering any names submitted by the counties, provided that each county may submit only one name;

     (2)  The representative of labor from a list of three nominees submitted by mutual agreement of the exclusive representatives, provided that if less than three names are submitted, the Governor may appoint the representative of labor without being restricted to the submitted list of names; and

     (3)  The representative of the public.

     Your Committee received testimony in support of this measure from the University of Hawaii Professional Assembly; Hawaii Fire Fighters Association, Local 1463 IAFF, AFL-CIO; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and United Public Workers, AFSCME Local 646, AFL-CIO.  Your Committee received testimony in opposition to this measure from the Department of the Attorney General, Department of Budget and Finance, and Chamber of Commerce Hawaii.

     Your Committee finds that existing law requires the Governor to appoint the members of the Hawaii Labor Relations Board after first considering the persons on a list of names submitted by public employers and employee organizations representing public employees to serve as members of the board.  This measure specifies the procedures by which the members of the Hawaii Labor Relations Board are chosen by the Governor for appointment.

     Your Committee has amended this measure by:

     (1)  Adopting the language suggested by the Hawaii Government Employees Association to clarify that the Governor is required to appoint the representative of labor from a list of three nominees by mutual agreement from a majority of the exclusive representatives and delete language that allows the Governor to appoint the representative of labor if the less than three names are submitted; and

     (2)  Allowing, rather than requiring, the Governor to appoint the representative of management after first considering names submitted by the counties.

     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 H.B. No. 2496, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2496, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

CLAYTON HEE, Chair