THE SENATE

S.B. NO.

340

THIRTY-THIRD LEGISLATURE, 2025

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to Collective Bargaining in Public Employment.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 89-5, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows:

     "(i)  In addition to the powers and functions provided in other sections of this chapter, the board shall:

     (1)  Establish procedures for, investigate, and resolve any dispute concerning the designation of an appropriate bargaining unit and the application of section 89-6 to specific employees and positions;

     (2)  Establish procedures for, resolve disputes with respect to, and supervise the conduct of elections for the determination of employee representation;

     (3)  Resolve controversies under this chapter;

     (4)  Conduct proceedings on complaints of prohibited practices by employers, employees, and employee organizations and take [such] actions with respect thereto as it deems necessary and proper[;], including exercising its powers under this chapter to enforce its own orders, in addition to its discretion to seek enforcement of an order of the board pursuant to section 377-9(e);

     (5)  Hold [such] hearings and make [such] inquiries, as it deems necessary, to carry out properly its functions and powers, and for the purpose of [such] the hearings and inquiries, administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence, compel attendance of witnesses and the production of documents by the issuance of subpoenas, and delegate such powers to any member of the board or any person appointed by the board for the performance of its functions;

     (6)  Determine qualifications and establish, after reviewing nominations submitted by the public employers and employee organizations, lists of qualified persons, broadly representative of the public, to be available to serve as mediators, grievance arbitrators, or a combination thereof;

     (7)  Resolve disputes over the qualifications and criteria of the list of five qualified arbitrators provided pursuant to section 89-11(e)(2)(A);

     (8)  Establish a fair and reasonable range of daily or hourly rates at which mediators and arbitrators on the lists established under paragraph (6) are to be compensated;

     (9)  Conduct studies on problems pertaining to public employee-management relations, and make recommendations with respect thereto to the legislative bodies; request information and data from state and county departments and agencies and employee organizations necessary to carry out its functions and responsibilities; make available to all concerned parties, including mediators and arbitrators, statistical data relating to wages, benefits, and employment practices in public and private employment to assist them in resolving issues in negotiations;

    (10)  Adopt rules relative to the exercise of its powers and authority and to govern the proceedings before it in accordance with chapter 91; and

    (11)  Execute all of its responsibilities in a timely manner so as to facilitate and expedite the resolution of issues before it."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 


 

Report Title:

HLRB; Collective Bargaining in Public Employment; Orders; Enforcement

 

Description:

Clarifies that the Hawaii Labor Relations Board has the authority to enforce its own orders issued pursuant to state law governing collective bargaining in public employment, in addition to discretion to seek judicial enforcement of its orders under the Hawaii Employment Relations Act.

 

 

 

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