STAND. COM. REP. NO. 2688

Honolulu, Hawaii

RE: S.B. No. 3317

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committees on Labor and Technology and Higher Education, to which was referred S.B. No. 3317 entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to establish a collective bargaining unit for graduate assistants employed by the University of Hawaii and community college system.

Your Committees received testimony in support of this measure from the University of Hawaii Professional Assembly; National Education Association; Hawaii State Teachers Association; United Public Workers, AFSCME Local 646, AFL-CIO; Democratic Party of Hawaiʻi; Hawaii Government Employee Association, AFSCME Local 152, AFL-CIO; UNITE HERE Local 5; Americans for Democratic Action; ILWU Local 142; the Democratic Party of Hawaiʻi Labor Caucus; Academic Labor Union; Democratic Party of Hawaiʻi Education Caucus; Academic Labor United; Law Office of Lance D. Collins; Hawaiʻi Workers Center; National Education Association National Council on Higher Education; and one hundred eighty-one individuals.

Your Committees received testimony in opposition to this measure from one individual.

Your Committees received comments on this measure from the Hawaiʻi Labor Relations Board, Department of Budget and Finance, and University of Hawaiʻi System.

Your Committees find that the Hawaiʻi Labor Relations Board determined that graduate assistants at the University of Hawaii are public employees as defined under section 89-2, Hawaii Revised Statutes (HRS). Your Committees further find that the Hawaii Labor Relations Board also concluded that graduate assistants are not included in bargaining units (1), (2), (4) through (6), (9) through (12), (14), or (15) that are identified in section 89-6, HRS. Therefore, this measure establishes a collective bargaining unit for graduate assistants to allow these public employees the right and ability to collectively bargain the terms and conditions of their jobs.

Your Committees note the concerns raised during the public hearing on this measure relating to graduate assistants' benefits received as both students and workers. Testimony of the Department of Budget and Finance and University of Hawaii provided that the tuition waiver received by University of Hawaii graduate assistants is not considered taxable income. In addition to receiving a graduate level education, graduate assistants enjoy a plethora of other benefits, including counseling, mentoring, and other benefits exclusive to students at the University.

Your Committees have amended this measure by:

(1) Inserting a definition of "graduate assistants"; and

(2) Inserting an effective date of July 1, 2055, to encourage further discussion.

As affirmed by the records of votes of the members of your Committees on Labor and Technology and Higher Education that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3317, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3317, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Labor and Technology and Higher Education,

________________________________ DONNA MERCADO KIM, Chair

________________________________ HENRY J.C. AQUINO, Chair