STAND. COM. REP. NO. 2358

Honolulu, Hawaii

RE: S.B. No. 2373

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Labor, to which was referred S.B. No. 2373 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 provide that negotiations over the implementation of management decisions affecting the terms and conditions of employment that are subject to collective bargaining are not precluded from collective bargaining negotiations.

Your Committee received testimony in support of this measure from Hawaii State AFL-CIO; University of Hawaii Professional Assembly; Hawaii State Teachers Association; United Public Workers, AFSCME, Local 646, AFL-CIO; Hawaii Fire Fighters Association, Local 1463, IAFF, AFL-CIO; Americans for Democratic Action; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; State of Hawaii Organization of Police Officers; and one individual.

Your Committee finds that the impact of management decisions that affect terms and conditions of employment, including procedures and criteria for promotions, transfers, assignments, demotions, layoffs, suspensions, terminations, discharges, or other disciplinary actions, should be mandatory subjects of collective bargaining. Your Committee finds that this measure will serve to clarify much of the past confusion and delays as to what is negotiable and encourage good faith on behalf of all parties in the collective bargaining process.

Your Committee has amended this measure by inserting language inadvertently not included in the measure as introduced, to clarify the scope of collective bargaining negotiations and to clarify that negotiation of such subjects does not compel either party to agree to any proposal or make a concession.

As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2373, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2373, S.D. 1, and be referred to your Committee on Ways and Means.

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

________________________________

JILL N. TOKUDA, Chair