STAND. COM. REP. NO. 3103

Honolulu, Hawaii

RE:    S.R. No. 59

       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 S.R. No. 59 entitled:

"SENATE RESOLUTION REQUESTING THE HAWAII LABOR RELATIONS BOARD TO CONDUCT AN INVESTIGATION INTO THE GRIEVANCE ARBITRATION PROCESS IN PUBLIC COLLECTIVE BARGAINING,"

begs leave to report as follows:

     The purpose and intent of this measure is to request the Hawaii Labor Relations Board to conduct an investigation into the grievance arbitration process in public collective bargaining.

     Your Committee received testimony in support of this measure from the Hawaii Labor Relations Board.  Your Committee received testimony in opposition to this measure from the University of Hawaii Professional Assembly; and United Public Workers, AFSCME Local 646, AFL-CIO.  Your Committee received comments on this measure from the Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO.

     Your Committee finds that the grievance arbitration process under a public collective bargaining agreement is intended to maintain labor stability and peace during the term of a contract between public employers and employees.  The grievance arbitration process should be a simplified system that provides a quick, just, and cost-effective resolution to conflicts between public employers and employees.  However, the existing labor arbitration process has become dominated by the advocacy of attorneys, which has unnecessarily formalized the entire hearing process, complicated and lengthened its completion time, increased its attendant costs, and created a more adversarial environment.  This measure requests the Hawaii Labor Relations Board to conduct an investigation into the grievance arbitration process in public collective bargaining to make findings and recommendations to improve labor arbitrations.

     Your Committee has amended this measure by 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 concurs with the intent and purpose of S.R. No. 59, as amended herein, and recommends that it be referred to the Committee on Ways and Means, in the form attached hereto as S.R. No. 59, S.D. 1.

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

____________________________

CLAYTON HEE, Chair