STAND. COM. REP. NO. 2-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 1789

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Labor & Tourism, to which was referred H.B. No. 1789 entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

(1) Establish that the representative of labor on the Hawaii Labor Relations Board (HLRB) shall be a person selected by a majority of the exclusive representatives of the collective bargaining units; and

(2) Provide a timeframe for the Governor to appoint the representative of labor following submission of the nominee's name.

Your Committee received testimony in support of this measure from the United Public Workers, AFSCME Local 646, AFL-CIO; State of Hawaii Organization of Police Officers; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; Hawaii State Teachers Association; Hawaii Fire Fighters Association; and one individual. Your Committee received testimony in opposition to this measure from the Office of Collective Bargaining. Your Committee received comments on this measure from the Hawaii Labor Relations Board and Department of Budget and Finance.

Your Committee finds that providing a single name to the Governor that has been vetted by the exclusive representatives, with a clear timeframe for the name to be transmitted to the Senate for consideration as well as a default process for Senate confirmation if the deadline is missed, ensures greater fairness, predictability, and transparency in the appointment process to the HLRB. While your Committee appreciates the concerns raised in testimony, your Committee believes this measure should be allowed to advance and receive further discussion amongst stakeholders.

Accordingly, your Committee has amended this measure by:

(1) Changing the effective date to December 25, 2040, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Labor & Tourism that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1789, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1789, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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

____________________________

RICHARD H.K. ONISHI, Chair