Hawaii 2023 Regular Session

Hawaii Senate Bill SB394 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 394 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to collective bargaining. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 394
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	394
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to collective bargaining.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The purpose of this Act is to allow graduate assistants employed by the University of Hawaii and community college system to collectively bargain. SECTION 2. Section 89-6, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (a) to read: "(a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit: (1) Nonsupervisory employees in blue collar positions; (2) Supervisory employees in blue collar positions; (3) Nonsupervisory employees in white collar positions; (4) Supervisory employees in white collar positions; (5) Teachers and other personnel of the department of education under the same pay schedule, including part-time employees working less than twenty hours a week who are equal to one-half of a full-time equivalent; (6) Educational officers and other personnel of the department of education under the same pay schedule; (7) Faculty of the University of Hawaii and the community college system; (8) Personnel of the University of Hawaii and the community college system, other than faculty; (9) Registered professional nurses; (10) Institutional, health, and correctional workers; (11) Firefighters; (12) Police officers; (13) Professional and scientific employees, who cannot be included in any of the other bargaining units; (14) State law enforcement officers; [and] (15) State and county ocean safety and water safety officers[.]; and (16) Graduate assistants employed by the University of Hawaii and community college system." 2. By amending subsection (d) to read: "(d) For the purpose of negotiating a collective bargaining agreement, the public employer of an appropriate bargaining unit shall mean the governor together with the following employers: (1) For bargaining units (1), (2), (3), (4), (9), (10), (13), (14), and (15), the governor shall have six votes and the mayors, the chief justice, and the Hawaii health systems corporation board shall each have one vote if they have employees in the particular bargaining unit; (2) For bargaining units (11) and (12), the governor shall have four votes and the mayors shall each have one vote; (3) For bargaining units (5) and (6), the governor shall have three votes, the board of education shall have two votes, and the superintendent of education shall have one vote; and (4) For bargaining units (7) [and], (8), and (16), the governor shall have three votes, the board of regents of the University of Hawaii shall have two votes, and the president of the University of Hawaii shall have one vote. Any decision to be reached by the applicable employer group shall be on the basis of simple majority, except when a bargaining unit includes county employees from more than one county. In that case, the simple majority shall include at least one county." 3. By amending subsection (f) to read: "(f) The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter: (1) Elected or appointed official; (2) Member of any board or commission; provided that nothing in this paragraph shall prohibit a member of a collective bargaining unit from serving on a governing board of a charter school, on the state public charter school commission, or as a charter school authorizer established under chapter 302D; (3) Top-level managerial and administrative personnel, including the department head, deputy or assistant to a department head, administrative officer, director, or chief of a state or county agency or major division, and legal counsel; (4) Secretary to top-level managerial and administrative personnel under paragraph (3); (5) Individual concerned with confidential matters affecting employee-employer relations; (6) Part-time employee working less than twenty hours per week, except part-time employees included in [unit] units (5)[;] and (16); (7) Temporary employee of three months' duration or less; (8) Employee of the executive office of the governor or a household employee at Washington Place; (9) Employee of the executive office of the lieutenant governor; (10) Employee of the executive office of the mayor; (11) Staff of the legislative branch of the State; (12) Staff of the legislative branches of the counties, except employees of the clerks' offices of the counties; (13) Any commissioned and enlisted personnel of the Hawaii national guard; (14) Inmate, kokua, patient, ward, or student of a state institution; (15) Student help; (16) Staff of the Hawaii labor relations board; (17) Employees of the Hawaii national guard youth challenge academy; or (18) Employees of the office of elections." SECTION 3. Section 89-11, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows: "(d) If an impasse exists between a public employer and the exclusive bargaining representative of bargaining unit (1), nonsupervisory employees in blue collar positions; bargaining unit (5), teachers and other personnel of the department of education; [or] bargaining unit (7), faculty of the University of Hawaii and the community college system[,]; or bargaining unit (16), graduate assistants employed by the University of Hawaii and community college system, the board shall assist in the resolution of the impasse as follows: (1) Voluntary mediation. During the first twenty days of the date of impasse, either party may request the board to assist in a voluntary resolution of the impasse by appointing a mediator or mediators, representative of the public from a list of qualified persons maintained by the board; (2) Mediation. If the impasse continues more than twenty days, the board shall appoint a mediator or mediators, representative of the public from a list of qualified persons maintained by the board, to assist the parties in a voluntary resolution of the impasse. The board may compel the parties to attend mediation, reasonable in time and frequency, until the fiftieth day of impasse. Thereafter, mediation shall be elective with the parties, subject to the approval of the board; (3) Report of the board. The board shall promptly report to the appropriate legislative body or bodies the following circumstances as each occurs: (A) The date of a tentative agreement and whether the terms thereof are confidential between the parties; (B) The ratification or failure of ratification of a tentative agreement; (C) The signing of a tentative agreement; (D) The terms of a tentative agreement; or (E) On or about the fiftieth day of impasse, the failure of mediation. The parties shall provide the board with the requisite information; and (4) After the fiftieth day of impasse, the parties may resort to [such] other remedies that are not prohibited by any agreement pending between them, other provisions of this chapter, or any other law." 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The purpose of this Act is to allow graduate assistants employed by the University of Hawaii and community college system to collectively bargain.
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51	51	SECTION 2. Section 89-6, Hawaii Revised Statutes, is amended as follows:
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53	53	1. By amending subsection (a) to read:
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55	55	"(a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit:
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57	57	(1) Nonsupervisory employees in blue collar positions;
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59	59	(2) Supervisory employees in blue collar positions;
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61	61	(3) Nonsupervisory employees in white collar positions;
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63	63	(4) Supervisory employees in white collar positions;
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65	65	(5) Teachers and other personnel of the department of education under the same pay schedule, including part-time employees working less than twenty hours a week who are equal to one-half of a full-time equivalent;
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67	67	(6) Educational officers and other personnel of the department of education under the same pay schedule;
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69	69	(7) Faculty of the University of Hawaii and the community college system;
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71	71	(8) Personnel of the University of Hawaii and the community college system, other than faculty;
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73	73	(9) Registered professional nurses;
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75	75	(10) Institutional, health, and correctional workers;
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77	77	(11) Firefighters;
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79	79	(12) Police officers;
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81	81	(13) Professional and scientific employees, who cannot be included in any of the other bargaining units;
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83	83	(14) State law enforcement officers; [and]
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85	85	(15) State and county ocean safety and water safety officers[.]; and
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87	87	(16) Graduate assistants employed by the University of Hawaii and community college system."
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89	89	2. By amending subsection (d) to read:
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91	91	"(d) For the purpose of negotiating a collective bargaining agreement, the public employer of an appropriate bargaining unit shall mean the governor together with the following employers:
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93	93	(1) For bargaining units (1), (2), (3), (4), (9), (10), (13), (14), and (15), the governor shall have six votes and the mayors, the chief justice, and the Hawaii health systems corporation board shall each have one vote if they have employees in the particular bargaining unit;
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95	95	(2) For bargaining units (11) and (12), the governor shall have four votes and the mayors shall each have one vote;
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97	97	(3) For bargaining units (5) and (6), the governor shall have three votes, the board of education shall have two votes, and the superintendent of education shall have one vote; and
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99	99	(4) For bargaining units (7) [and], (8), and (16), the governor shall have three votes, the board of regents of the University of Hawaii shall have two votes, and the president of the University of Hawaii shall have one vote.
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101	101	Any decision to be reached by the applicable employer group shall be on the basis of simple majority, except when a bargaining unit includes county employees from more than one county. In that case, the simple majority shall include at least one county."
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103	103	3. By amending subsection (f) to read:
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105	105	"(f) The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:
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107	107	(1) Elected or appointed official;
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109	109	(2) Member of any board or commission; provided that nothing in this paragraph shall prohibit a member of a collective bargaining unit from serving on a governing board of a charter school, on the state public charter school commission, or as a charter school authorizer established under chapter 302D;
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111	111	(3) Top-level managerial and administrative personnel, including the department head, deputy or assistant to a department head, administrative officer, director, or chief of a state or county agency or major division, and legal counsel;
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113	113	(4) Secretary to top-level managerial and administrative personnel under paragraph (3);
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115	115	(5) Individual concerned with confidential matters affecting employee-employer relations;
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117	117	(6) Part-time employee working less than twenty hours per week, except part-time employees included in [unit] units (5)[;] and (16);
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119	119	(7) Temporary employee of three months' duration or less;
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121	121	(8) Employee of the executive office of the governor or a household employee at Washington Place;
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123	123	(9) Employee of the executive office of the lieutenant governor;
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125	125	(10) Employee of the executive office of the mayor;
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127	127	(11) Staff of the legislative branch of the State;
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129	129	(12) Staff of the legislative branches of the counties, except employees of the clerks' offices of the counties;
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131	131	(13) Any commissioned and enlisted personnel of the Hawaii national guard;
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133	133	(14) Inmate, kokua, patient, ward, or student of a state institution;
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135	135	(15) Student help;
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137	137	(16) Staff of the Hawaii labor relations board;
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139	139	(17) Employees of the Hawaii national guard youth challenge academy; or
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141	141	(18) Employees of the office of elections."
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143	143	SECTION 3. Section 89-11, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
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145	145	"(d) If an impasse exists between a public employer and the exclusive bargaining representative of bargaining unit (1), nonsupervisory employees in blue collar positions; bargaining unit (5), teachers and other personnel of the department of education; [or] bargaining unit (7), faculty of the University of Hawaii and the community college system[,]; or bargaining unit (16), graduate assistants employed by the University of Hawaii and community college system, the board shall assist in the resolution of the impasse as follows:
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147	147	(1) Voluntary mediation. During the first twenty days of the date of impasse, either party may request the board to assist in a voluntary resolution of the impasse by appointing a mediator or mediators, representative of the public from a list of qualified persons maintained by the board;
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149	149	(2) Mediation. If the impasse continues more than twenty days, the board shall appoint a mediator or mediators, representative of the public from a list of qualified persons maintained by the board, to assist the parties in a voluntary resolution of the impasse. The board may compel the parties to attend mediation, reasonable in time and frequency, until the fiftieth day of impasse. Thereafter, mediation shall be elective with the parties, subject to the approval of the board;
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151	151	(3) Report of the board. The board shall promptly report to the appropriate legislative body or bodies the following circumstances as each occurs:
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153	153	(A) The date of a tentative agreement and whether the terms thereof are confidential between the parties;
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155	155	(B) The ratification or failure of ratification of a tentative agreement;
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157	157	(C) The signing of a tentative agreement;
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159	159	(D) The terms of a tentative agreement; or
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161	161	(E) On or about the fiftieth day of impasse, the failure of mediation.
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163	163	The parties shall provide the board with the requisite information; and
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165	165	(4) After the fiftieth day of impasse, the parties may resort to [such] other remedies that are not prohibited by any agreement pending between them, other provisions of this chapter, or any other law."
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167	167	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.
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169	169	SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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171	171	SECTION 6. This Act shall take effect upon its approval.
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175	175	INTRODUCED BY: _____________________________
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177	177	INTRODUCED BY:
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185	185	Report Title: Collective Bargaining; Graduate Assistants; University of Hawaii; Community College System Description: Establishes a collective bargaining unit for graduate assistants employed by the University of Hawaii and community college system. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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191	191	Report Title:
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193	193	Collective Bargaining; Graduate Assistants; University of Hawaii; Community College System
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197	197	Description:
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199	199	Establishes a collective bargaining unit for graduate assistants employed by the University of Hawaii and community college system.
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207	207	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.