|
THE SENATE |
S.B. NO. |
2991 |
|
THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO COLLECTIVE BARGAINING UNIT CREATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
(1) The
principles of efficient administration of government and the effect of over
fragmentation;
(2) The
number of employee organizations with which the employer jurisdictions might
have to negotiate;
(3) An
identifiable, compelling, community of interest among the employees to be
included in the bargaining unit, considering:
(A) The
wages, hours, and other working conditions of the public employees involved;
(B) The
similarity of duties, responsibilities, skills, knowledge, and other working
conditions of the public employees;
(C) The
method by which jobs classifications and salary range designations are
determined;
(D) The
interdependence of jobs and interchange of employees; and
(E} The
feasibility and appropriateness of placement in existing bargaining units; and
(4) Other
factors normally or traditionally taken into consideration in determining the
appropriateness of bargaining units in the public sector;
provided that notwithstanding bargaining
unit 8, no bargaining unit shall be established or approved for purposes of
collective bargaining that includes both professional and non-professional
employees.
(b) The board, upon approval of an application to
establish a new bargaining unit, shall submit a report to the legislature,
including proposed legislation for the legislature to consider and enact, which
shall be accompanied by a decision and order issued by the board.
(c) If the board denies an
application, the board shall inform the applicant in writing of the
reasons for the denial. Upon correcting
or satisfying the reasons for the board's denial, the applicant may then amend
its application by providing all steps taken to cure the reasons for the denial
and resubmit the application to the board.
(d) If the
board denies an application and the applicant determines that the
application cannot be amended to conform to the reasons for the denial and upon
request by the applicant, the board shall submit a report to the legislature
documenting the submission, documenting the denial of the application, and
setting forth the reasons for the denial; provided that no report to the
legislature shall be required under this subsection if the board has submitted a
similar report for a similar new bargaining unit to the legislature within the
immediately preceding five year period."
SECTION 2. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:
(1) The appropriation made in this Act is necessary to serve the public interest; and
(2) The appropriation made in this Act meets the needs addressed by this Act.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the purposes of this Act, including for the establishment of full-time equivalent ( FTE) positions.
The sum appropriated shall be expended by the Hawaii labor relations board for the purposes of this Act.
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2024.
Report Title:
HLRB; Collective Bargaining; New Unit; Criteria; Report; Expenditure Ceiling; Appropriation
Description:
Requires the Hawaii Labor Relations Board to adopt rules establishing criteria for the creation of new bargaining units. Requires any employee, employer, or exclusive representative proposing a new bargaining unit to submit an application to the Board. Requires the Board to consider certain criteria in determining the appropriateness of a new bargaining unit. Requires the Board to, upon its approval of the application, submit a report to the Legislature, including proposed legislation for the Legislature to consider and enact to create the new bargaining unit, accompanied by a Decision and Order issued by the Board. Sets forth procedures the Board must follow when it denies an application. Declares that the general fund expenditure ceiling is exceeded. Makes an appropriation. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.