STAND. COM. REP. NO. 472-18

Honolulu, Hawaii

, 2018

RE: H.B. No. 1787

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Labor & Public Employment, to which was referred H.B. No. 1787 entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

(1) Allow a representative of each county council to be present as a nonvoting participant in negotiations with bargaining units if the relevant county has employees in the particular bargaining unit; and

(2) Require the mayors or their representatives to provide timely updates to their respective county councils relating to bargaining unit negotiations.

A Councilmember from the County of Hawaii, a Councilmember from the County of Kauai, two Councilmembers from the County of Maui, Hawai‘i State Association of Counties, and an individual testified in support of this measure. The United Public Workers, AFSCME, Local 646, AFL-CIO opposed this measure. The Office of Collective Bargaining provided comments on this measure.

At the public hearing on this measure, the issue of separation of powers was raised with respect to the provisions allowing county council representatives to attend collective bargaining negotiations. Your Committee noted concerns that the effect of allowing county council representatives to be present as nonvoting participants in negotiations with bargaining units may infringe upon the division of powers of the Executive Branch and Legislative Branch.

After careful consideration, your Committee amended this measure by:

(1) Deleting provisions that would allow a representative of each county council to be present in negotiations with the bargaining units of their employees;

(2) Changing its effective date to January 1, 2050, to facilitate further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1787, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1787, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,

____________________________

AARON LING JOHANSON, Chair