STAND. COM. REP. NO. 542

Honolulu, Hawaii

, 2025

RE: H.B. No. 161

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Labor, to which was referred H.B. No. 161 entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

(1) Repeal statutory prohibition on certain employees that are exempt from civil service law from grieving a suspension or discharge; and

(2) Adds language to allow any employee who is a member of an appropriate bargaining unit to grieve a suspension or discharge.

Your Committee received testimony in support of this measure from the United Public Workers, AFSCME Local 646, AFL-CIO; Hawaii State AFL-CIO; Pride at Work-Hawaiʻi; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and one individual. Your Committee received testimony in opposition to this measure from the Department of Human Resources Development. Your Committee received comments on this measure from the Department of Human Resources Development of the City and County of Honolulu.

Your Committee finds that there has been a substantial increase in exempt employees in the State. Your Committee also finds that under existing law, employees exempt from civil service law are classified as "at will" and do not have the right to file a grievance for a suspension or discharge. Your Committee believes that this measure supports the State's commitment to fair labor practices by providing a large portion of the State's workforce the right to grieve a suspension or discharge.

Your Committee has amended this measure by:

(1) Adding specific language to include exempt employees not covered by a collective bargaining agreement; and

(2) Changing the effective date to July 1, 3000, to encourage further discussion.

As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 161, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 161, H.D. 1, and be referred to your Committee on Finance.

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

____________________________

JACKSON D. SAYAMA, Chair