STAND. COM. REP. NO. 450-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 1789

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1789, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

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

(2) Establish a process for appointing the representative.

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

Your Committee finds that the current process of allowing the Governor to pick a name from a list of three nominees to fill the role of representative of labor provides the Governor with too much authority over the composition of the Hawaii Labor Relations Board. 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 ensures greater fairness, predictability, and transparency in the appointment process.

Your Committee has amended this measure by making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1789, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 1789, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

MARK M. NAKASHIMA, Chair