HB 161: RELATING TO COLLECTIVE BARGAINING.
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2025-02-12
Current Status:
Failed
(2025-12-08: Carried over to 2026 Regular Session.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Repeals the prohibition placed on certain employees exempt from civil service law from grieving a suspension or discharge. Allows any employee who is a member of an appropriate bargaining unit and their excluded counterparts to grieve a suspension or discharge. Effective 7/1/3000. (HD1)
Repeals the prohibition placed on certain employees exempt from civil service law from grieving a suspension or discharge. Allows any employee who is a member of an appropriate bargaining unit to grieve a suspension or discharge.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
161 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO COLLECTIVE BARGAINING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 89-10.8, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
"[[]§89-10.8[]] Resolution of disputes; grievances. (a) A
public employer shall enter into written agreement with the exclusive
representative setting forth a grievance procedure culminating in a final and
binding decision, to be invoked in the event of any dispute concerning the
interpretation or application of a written agreement. The grievance procedure shall be valid and
enforceable and shall be consistent with the following:
(1) A dispute over the terms of an initial or renewed agreement shall not constitute a grievance;
(2) [No employee in a position exempted
from chapter 76, who serves at the pleasure of the appointing authority, shall
be allowed to grieve a suspension or discharge unless the collective bargaining
agreement specifically provides otherwise;] Any employee who is a member
of an appropriate bargaining unit and their excluded counterparts, shall be
allowed to grieve a suspension or discharge; and
(3) With respect to any adverse action resulting from an employee's failure to meet performance requirements of the employee's position, the grievance procedure shall provide that the final and binding decision shall be made by a performance judge as provided in this section."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 3000.
Report Title:
Collective Bargaining; Grievance; Suspension; Discharge; Exempt Employees
Description:
Repeals the prohibition placed on certain employees exempt from civil service law from grieving a suspension or discharge. Allows any employee who is a member of an appropriate bargaining unit and their excluded counterparts to grieve a suspension or discharge. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
161 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
Relating to Collective Bargaining.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 89-10.8, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
"[[]§89-10.8[]] Resolution of disputes; grievances. (a) A
public employer shall enter into written agreement with the exclusive
representative setting forth a grievance procedure culminating in a final and
binding decision, to be invoked in the event of any dispute concerning the
interpretation or application of a written agreement. The grievance procedure shall be valid and
enforceable and shall be consistent with the following:
(1) A dispute over the terms of an initial or renewed agreement shall not constitute a grievance;
(2) [No employee in a position exempted
from chapter 76, who serves at the pleasure of the appointing authority, shall
be allowed to grieve a suspension or discharge unless the collective bargaining
agreement specifically provides otherwise;] Any employee who is a member
of an appropriate bargaining unit shall be allowed to grieve a suspension or
discharge; and
(3) With respect to any adverse action resulting from an employee's failure to meet performance requirements of the employee's position, the grievance procedure shall provide that the final and binding decision shall be made by a performance judge as provided in this section."
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:
Collective Bargaining; Grievance; Suspension; Discharge; Exempt Employees
Description:
Repeals the prohibition placed on certain employees exempt from civil service law from grieving a suspension or discharge. Allows any employee who is a member of an appropriate bargaining unit to grieve a suspension or discharge.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
Date
|
Status
|
|---|---|
| Dec 8, 2025 | Carried over to 2026 Regular Session. |
| Feb 13, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Kitagawa, Ward excused (3). |
| Feb 13, 2025 | Reported from LAB (Stand. Com. Rep. No. 542) as amended in HD 1, recommending passage on Second Reading and referral to FIN. |
| Feb 11, 2025 | The committee on LAB recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Sayama, Lee, M., Garrett, Kapela, Kong, Reyes Oda; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Feb 7, 2025 | Bill scheduled to be heard by LAB on Tuesday, 02-11-25 9:00AM in House conference room 309 VIA VIDEOCONFERENCE. |
| Jan 21, 2025 | Referred to LAB, FIN, referral sheet 1 |
| Jan 16, 2025 | Introduced and Pass First Reading. |
| Jan 14, 2025 | Prefiled. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Feb 11, 2025 | The committee on LAB recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Labor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Department of Human Resources Development | *** Against | Feb 10, 2025 |
| Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO | ** Support | |
| Hawaii State AFL-CIO | ** Support | |
| Pride at Work – Hawai‘i | *** Support | Feb 10, 2025 |
| Pride at Work-Hawaiʻi | ** Support | |
| United Public Workers, AFSCME Local 646, AFL-CIO | ** Support | |
| United Public Workers, AFSCME Local 646 | *** Support | Feb 10, 2025 |
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 |
|
|
|
|
|
Date
|
Testimony PDF
|
|---|---|
| Feb 10, 2025 | HB161_TESTIMONY_LAB_02-11-25_.PDF |
Bill Author
Bill Co-Author(s):
