HB 162: HLRB; Collective Bargaining; Resolution of Disputes; Impasse; Arbitrator Selection
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2025-04-24
Current Status:
In Progress
(2025-05-27: Act 087, on 05/27/2025 (Gov. Msg. No. 1187).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Authorizes the Hawaii Labor Relations Board to request the Federal Mediation and Conciliation Service to furnish a list of five qualified and experienced interest arbitrators in the event the parties fail to select the neutral third member of the arbitration panel. Clarifies that the list of five interest arbitrators may contain arbitrators from both the American Arbitration Association and Federal Mediation and Conciliation Service. (CD1)
Authorizes the Hawaii Labor Relations Board to request the Federal Mediation and Conciliation Service to furnish a list of five qualified and experienced interest arbitrators in the event the parties fail to select the neutral third member of the arbitration panel. Clarifies that the list of five interest arbitrators may contain arbitrators from both the American Arbitration Association and Federal Mediation and Conciliation Service. Effective 7/1/2050. (SD1)
Authorizes the Hawaii Labor Relations Board to request the Federal Mediation and Conciliation Service to furnish a list of five qualified and experienced interest arbitrators in the event the parties fail to select the neutral third member of the arbitration panel. Clarifies that the list of five interest arbitrators may contain arbitrators from both the American Arbitration Association and Federal Mediation and Conciliation Service. Effective 7/1/3000. (HD2)
Authorizes the Hawaii Labor Relations Board to request the Federal Mediation and Conciliation Service to furnish a list of five qualified and experienced interest arbitrators in the event the parties fail to select the neutral third member of the arbitration panel. Clarifies that the list of five interest arbitrators may contain arbitrators from both the American Arbitration Association and Federal Mediation and Conciliation Service. Effective 7/1/3000. (HD1)
Authorizes the Hawaii Labor Relations Board to request the Federal Mediation and Conciliation Service to furnish a list of five qualified and experienced interest arbitrators in the event the parties fail to select the neutral third member of the arbitration panel. Clarifies that the list of five interest arbitrators may contain arbitrators from both the American Arbitration Association and the Federal Mediation and Conciliation Service.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
162 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO COLLECTIVE BARGAINING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 89-11, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) If an impasse exists between a public
employer and the exclusive representative of bargaining unit (2), supervisory
employees in blue collar positions; bargaining unit (3), nonsupervisory
employees in white collar positions; bargaining unit (4), supervisory employees
in white collar positions; bargaining unit (6), educational officers and other
personnel of the department of education under the same salary schedule;
bargaining unit (8), personnel of the [University] university of
Hawaii and the community college system, other than faculty; bargaining unit
(9), registered professional nurses; bargaining unit (10), institutional,
health, and correctional workers; bargaining unit (11), firefighters;
bargaining unit (12), police officers; bargaining unit (13), professional and
scientific employees; bargaining unit (14), state law enforcement officers; or
bargaining unit (15), state and county ocean safety and water safety officers,
the board shall assist in the resolution of the impasse as follows:
(1) Mediation. During the first twenty days after the date
of impasse, the board shall immediately appoint a mediator, 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[.]; and
(2) Arbitration. If the impasse continues twenty days after
the date of impasse, the board shall immediately notify the employer and the
exclusive representative that the impasse shall be submitted to a three-member
arbitration panel who shall follow the arbitration procedure provided [herein.]
in this paragraph:
(A) Arbitration
panel. Two members of the arbitration
panel shall be selected by the parties; one shall be selected by the employer
and one shall be selected by the exclusive representative. The neutral third member of the arbitration
panel, who shall chair the arbitration panel, shall be selected by mutual
agreement of the parties. In the event
that the parties fail to select the neutral third member of the arbitration
panel within thirty days from the date of impasse, the board shall request the
American Arbitration Association[,] or Federal Mediation and
Conciliation Service, or [its successor] their respective
successors in function, to furnish a list of five qualified and experienced
interest arbitrators from which the neutral arbitrator shall be selected[.];
provided that the list of five interest arbitrators may contain interest
arbitrators from both the American Arbitration Association and Federal
Mediation and Conciliation Service, or their respective successors. Within five days after receipt of the list,
the parties shall alternately strike names from the list until a single name is
left, who shall be immediately appointed by the board as the neutral arbitrator
and chairperson of the arbitration panel[.];
(B) Final
positions. Upon the selection and
appointment of the arbitration panel, each party shall submit to the panel, in
writing, with copy to the other party, a final position that shall include all
provisions in any existing collective bargaining agreement not being modified,
all provisions already agreed to in negotiations, and all further provisions
that each party is proposing for inclusion in the final agreement;
provided that [such] further provisions shall be limited to those
specific proposals that were submitted in writing to the other party and were
the subject of collective bargaining between the parties up to the time of the
impasse, including those specific proposals that the parties have decided to
include through a written mutual agreement.
The arbitration panel shall decide whether final positions are compliant
with this provision and which proposals may be considered for inclusion in the
final agreement[.];
(C) Arbitration
hearing. Within one hundred twenty days
of its appointment, the arbitration panel shall commence a hearing at which
time the parties may submit, either in writing or through oral testimony, all
information or data supporting their respective final positions. The arbitrator, or the chairperson of the
arbitration panel together with the other two members, [are] shall be
encouraged to assist the parties in a voluntary resolution of the impasse
through mediation, to the extent practicable throughout the entire arbitration
period until the date the panel is required to issue its arbitration decision[.];
and
(D) Arbitration decision. Within thirty days after the conclusion of the hearing, a majority of the arbitration panel shall reach a decision pursuant to subsection (f) on all provisions that each party proposed in its respective final position for inclusion in the final agreement and transmit a preliminary draft of its decision to the parties. The parties shall review the preliminary draft for completeness, technical correctness, and clarity and may mutually submit to the panel any desired changes or adjustments that shall be incorporated in the final draft of its decision. Within fifteen days after the transmittal of the preliminary draft, a majority of the arbitration panel shall issue the arbitration decision."
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.
Report Title:
HLRB; Collective Bargaining; Resolution of Disputes; Impasse; Arbitrator Selection
Description:
Authorizes the Hawaii Labor Relations Board to request the Federal Mediation and Conciliation Service to furnish a list of five qualified and experienced interest arbitrators in the event the parties fail to select the neutral third member of the arbitration panel. Clarifies that the list of five interest arbitrators may contain arbitrators from both the American Arbitration Association and Federal Mediation and Conciliation Service. (CD1)
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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HOUSE OF REPRESENTATIVES |
H.B. NO. |
162 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO COLLECTIVE BARGAINING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 89-11, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) If an impasse exists between a public
employer and the exclusive representative of bargaining unit (2), supervisory
employees in blue collar positions; bargaining unit (3), nonsupervisory
employees in white collar positions; bargaining unit (4), supervisory employees
in white collar positions; bargaining unit (6), educational officers and other
personnel of the department of education under the same salary schedule;
bargaining unit (8), personnel of the [University] university of
Hawaii and the community college system, other than faculty; bargaining unit
(9), registered professional nurses; bargaining unit (10), institutional,
health, and correctional workers; bargaining unit (11), firefighters;
bargaining unit (12), police officers; bargaining unit (13), professional and
scientific employees; bargaining unit (14), state law enforcement officers; or
bargaining unit (15), state and county ocean safety and water safety officers,
the board shall assist in the resolution of the impasse as follows:
(1) Mediation. During the first twenty days after the date
of impasse, the board shall immediately appoint a mediator, 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[.]; and
(2) Arbitration. If the impasse continues twenty days after
the date of impasse, the board shall immediately notify the employer and the
exclusive representative that the impasse shall be submitted to a three-member
arbitration panel who shall follow the arbitration procedure provided [herein.]
in this paragraph:
(A) Arbitration
panel. Two members of the arbitration
panel shall be selected by the parties; one shall be selected by the employer
and one shall be selected by the exclusive representative. The neutral third member of the arbitration
panel, who shall chair the arbitration panel, shall be selected by mutual
agreement of the parties. In the event
that the parties fail to select the neutral third member of the arbitration
panel within thirty days from the date of impasse, the board shall request the
American Arbitration Association[,] or Federal Mediation and
Conciliation Service, or [its successor] their respective successors
in function, to furnish a list of five qualified and experienced interest
arbitrators from which the neutral arbitrator shall be selected[.]; provided
that the list of five interest arbitrators may contain interest arbitrators
from both the American Arbitration Association and Federal Mediation and
Conciliation Service, or their respective successors. Within five days after receipt of the list,
the parties shall alternately strike names from the list until a single name is
left, who shall be immediately appointed by the board as the neutral arbitrator
and chairperson of the arbitration panel[.];
(B) Final
positions. Upon the selection and
appointment of the arbitration panel, each party shall submit to the panel, in
writing, with copy to the other party, a final position that shall include all
provisions in any existing collective bargaining agreement not being modified,
all provisions already agreed to in negotiations, and all further provisions
that each party is proposing for inclusion in the final agreement;
provided that [such] further provisions shall be limited to those
specific proposals that were submitted in writing to the other party and were
the subject of collective bargaining between the parties up to the time of the
impasse, including those specific proposals that the parties have decided to
include through a written mutual agreement.
The arbitration panel shall decide whether final positions are compliant
with this provision and which proposals may be considered for inclusion in the
final agreement[.];
(C) Arbitration
hearing. Within one hundred twenty days
of its appointment, the arbitration panel shall commence a hearing at which
time the parties may submit, either in writing or through oral testimony, all
information or data supporting their respective final positions. The arbitrator, or the chairperson of the
arbitration panel together with the other two members, [are] shall be
encouraged to assist the parties in a voluntary resolution of the impasse
through mediation, to the extent practicable throughout the entire arbitration
period until the date the panel is required to issue its arbitration decision[.];
and
(D) Arbitration decision. Within thirty days after the conclusion of the hearing, a majority of the arbitration panel shall reach a decision pursuant to subsection (f) on all provisions that each party proposed in its respective final position for inclusion in the final agreement and transmit a preliminary draft of its decision to the parties. The parties shall review the preliminary draft for completeness, technical correctness, and clarity and may mutually submit to the panel any desired changes or adjustments that shall be incorporated in the final draft of its decision. Within fifteen days after the transmittal of the preliminary draft, a majority of the arbitration panel shall issue the arbitration decision."
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, 2050.
Report Title:
HLRB; Collective Bargaining; Resolution of Disputes; Impasse; Arbitrator Selection
Description:
Authorizes the Hawaii Labor Relations Board to request the Federal Mediation and Conciliation Service to furnish a list of five qualified and experienced interest arbitrators in the event the parties fail to select the neutral third member of the arbitration panel. Clarifies that the list of five interest arbitrators may contain arbitrators from both the American Arbitration Association and Federal Mediation and Conciliation Service. Effective 7/1/2050. (SD1)
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. |
162 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
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STATE OF HAWAII |
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|
|
|
|
|
|
|
||
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|
||
A BILL FOR AN ACT
RELATING TO COLLECTIVE BARGAINING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 89-11, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) If an impasse exists between a public employer and the exclusive representative of bargaining unit (2), supervisory employees in blue collar positions; bargaining unit (3), nonsupervisory employees in white collar positions; bargaining unit (4), supervisory employees in white collar positions; bargaining unit (6), educational officers and other personnel of the department of education under the same salary schedule; bargaining unit (8), personnel of the University of Hawaii and the community college system, other than faculty; bargaining unit (9), registered professional nurses; bargaining unit (10), institutional, health, and correctional workers; bargaining unit (11), firefighters; bargaining unit (12), police officers; bargaining unit (13), professional and scientific employees; bargaining unit (14), state law enforcement officers; or bargaining unit (15), state and county ocean safety and water safety officers, the board shall assist in the resolution of the impasse as follows:
(1) Mediation. During the first twenty days after the date
of impasse, the board shall immediately appoint a mediator, 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[.]; and
(2) Arbitration. If the impasse continues twenty days after
the date of impasse, the board shall immediately notify the employer and the
exclusive representative that the impasse shall be submitted to a three-member
arbitration panel who shall follow the arbitration procedure provided herein[.]:
(A) Arbitration
panel. Two members of the arbitration
panel shall be selected by the parties; one shall be selected by the employer
and one shall be selected by the exclusive representative. The neutral third member of the arbitration
panel, who shall chair the arbitration panel, shall be selected by mutual
agreement of the parties. In the event
that the parties fail to select the neutral third member of the arbitration
panel within thirty days from the date of impasse, the board shall request the
American Arbitration Association[,] or Federal Mediation and
Conciliation Service, or [its successor] their successors
in function, to furnish a list of five qualified and experienced interest
arbitrators from which the neutral arbitrator shall be selected[.]; provided
that the list of five interest arbitrators may contain interest arbitrators
from both the American Arbitration Association and Federal Mediation and
Conciliation Service, or their successors.
Within five days after receipt of the list, the parties shall
alternately strike names from the list until a single name is left, who shall
be immediately appointed by the board as the neutral arbitrator and chairperson
of the arbitration panel[.];
(B) Final
positions. Upon the selection and
appointment of the arbitration panel, each party shall submit to the panel, in
writing, with copy to the other party, a final position that shall include all
provisions in any existing collective bargaining agreement not being modified,
all provisions already agreed to in negotiations, and all further provisions
that each party is proposing for inclusion in the final agreement;
provided that [such] further provisions shall be limited to those
specific proposals that were submitted in writing to the other party and were
the subject of collective bargaining between the parties up to the time of the
impasse, including those specific proposals that the parties have decided to
include through a written mutual agreement.
The arbitration panel shall decide whether final positions are compliant
with this provision and which proposals may be considered for inclusion in the
final agreement[.];
(C) Arbitration
hearing. Within one hundred twenty days
of its appointment, the arbitration panel shall commence a hearing at which
time the parties may submit, either in writing or through oral testimony, all
information or data supporting their respective final positions. The arbitrator, or the chairperson of the
arbitration panel together with the other two members, [are] shall be
encouraged to assist the parties in a voluntary resolution of the impasse
through mediation, to the extent practicable throughout the entire arbitration
period until the date the panel is required to issue its arbitration decision[.];
and
(D) Arbitration decision. Within thirty days after the conclusion of the hearing, a majority of the arbitration panel shall reach a decision pursuant to subsection (f) on all provisions that each party proposed in its respective final position for inclusion in the final agreement and transmit a preliminary draft of its decision to the parties. The parties shall review the preliminary draft for completeness, technical correctness, and clarity and may mutually submit to the panel any desired changes or adjustments that shall be incorporated in the final draft of its decision. Within fifteen days after the transmittal of the preliminary draft, a majority of the arbitration panel shall issue the arbitration decision."
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:
HLRB; Collective Bargaining; Resolution of Disputes; Impasse; Arbitrator Selection
Description:
Authorizes the Hawaii Labor Relations Board to request the Federal Mediation and Conciliation Service to furnish a list of five qualified and experienced interest arbitrators in the event the parties fail to select the neutral third member of the arbitration panel. Clarifies that the list of five interest arbitrators may contain arbitrators from both the American Arbitration Association and Federal Mediation and Conciliation Service. Effective 7/1/3000. (HD2)
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. |
162 |
|
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 89-11, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) If an impasse exists between a public employer and the exclusive representative of bargaining unit (2), supervisory employees in blue collar positions; bargaining unit (3), nonsupervisory employees in white collar positions; bargaining unit (4), supervisory employees in white collar positions; bargaining unit (6), educational officers and other personnel of the department of education under the same salary schedule; bargaining unit (8), personnel of the University of Hawaii and the community college system, other than faculty; bargaining unit (9), registered professional nurses; bargaining unit (10), institutional, health, and correctional workers; bargaining unit (11), firefighters; bargaining unit (12), police officers; bargaining unit (13), professional and scientific employees; bargaining unit (14), state law enforcement officers; or bargaining unit (15), state and county ocean safety and water safety officers, the board shall assist in the resolution of the impasse as follows:
(1) Mediation. During the first twenty days after the date of impasse, the board shall immediately appoint a mediator, 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.
(2) Arbitration. If the impasse continues twenty days after the date of impasse, the board shall immediately notify the employer and the exclusive representative that the impasse shall be submitted to a three-member arbitration panel who shall follow the arbitration procedure provided herein.
(A) Arbitration
panel. Two members of the arbitration
panel shall be selected by the parties; one shall be selected by the employer
and one shall be selected by the exclusive representative. The neutral third member of the arbitration
panel, who shall chair the arbitration panel, shall be selected by mutual
agreement of the parties. In the event
that the parties fail to select the neutral third member of the arbitration
panel within thirty days from the date of impasse, the board shall request the
American Arbitration Association, Federal Mediation and Conciliation Service,
or its [successor] successors in function, to furnish a list of
five qualified and experienced interest arbitrators from which the neutral
arbitrator shall be selected[.]; provided that the list of five
interest arbitrators may contain interest arbitrators from both the American
Arbitration Association and Federal Mediation and Conciliation Service, or its
successors. Within five days after
receipt of the list, the parties shall alternately strike names from the list
until a single name is left, who shall be immediately appointed by the board as
the neutral arbitrator and chairperson of the arbitration panel.
(B) Final
positions. Upon the selection and
appointment of the arbitration panel, each party shall submit to the panel, in
writing, with copy to the other party, a final position that shall include all
provisions in any existing collective bargaining agreement not being modified,
all provisions already agreed to in negotiations, and all further provisions
that each party is proposing for inclusion in the final agreement;
provided that [such] further provisions shall be limited to those
specific proposals that were submitted in writing to the other party and were
the subject of collective bargaining between the parties up to the time of the
impasse, including those specific proposals that the parties have decided to
include through a written mutual agreement.
The arbitration panel shall decide whether final positions are compliant
with this provision and which proposals may be considered for inclusion in the
final agreement.
(C) Arbitration hearing. Within one hundred twenty days of its appointment, the arbitration panel shall commence a hearing at which time the parties may submit, either in writing or through oral testimony, all information or data supporting their respective final positions. The arbitrator, or the chairperson of the arbitration panel together with the other two members, are encouraged to assist the parties in a voluntary resolution of the impasse through mediation, to the extent practicable throughout the entire arbitration period until the date the panel is required to issue its arbitration decision.
(D) Arbitration decision. Within thirty days after the conclusion of the hearing, a majority of the arbitration panel shall reach a decision pursuant to subsection (f) on all provisions that each party proposed in its respective final position for inclusion in the final agreement and transmit a preliminary draft of its decision to the parties. The parties shall review the preliminary draft for completeness, technical correctness, and clarity and may mutually submit to the panel any desired changes or adjustments that shall be incorporated in the final draft of its decision. Within fifteen days after the transmittal of the preliminary draft, a majority of the arbitration panel shall issue the arbitration decision."
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:
HLRB; Collective Bargaining; Resolution of Disputes; Impasse; Arbitrator Selection
Description:
Authorizes the Hawaii Labor Relations Board to request the Federal Mediation and Conciliation Service to furnish a list of five qualified and experienced interest arbitrators in the event the parties fail to select the neutral third member of the arbitration panel. Clarifies that the list of five interest arbitrators may contain arbitrators from both the American Arbitration Association and Federal Mediation and Conciliation Service. 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. |
162 |
|
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 89-11, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) If an impasse exists between a public employer and the exclusive representative of bargaining unit (2), supervisory employees in blue collar positions; bargaining unit (3), nonsupervisory employees in white collar positions; bargaining unit (4), supervisory employees in white collar positions; bargaining unit (6), educational officers and other personnel of the department of education under the same salary schedule; bargaining unit (8), personnel of the University of Hawaii and the community college system, other than faculty; bargaining unit (9), registered professional nurses; bargaining unit (10), institutional, health, and correctional workers; bargaining unit (11), firefighters; bargaining unit (12), police officers; bargaining unit (13), professional and scientific employees; bargaining unit (14), state law enforcement officers; or bargaining unit (15), state and county ocean safety and water safety officers, the board shall assist in the resolution of the impasse as follows:
(1) Mediation. During the first twenty days after the date of impasse, the board shall immediately appoint a mediator, 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.
(2) Arbitration. If the impasse continues twenty days after the date of impasse, the board shall immediately notify the employer and the exclusive representative that the impasse shall be submitted to a three-member arbitration panel who shall follow the arbitration procedure provided herein.
(A) Arbitration
panel. Two members of the arbitration
panel shall be selected by the parties; one shall be selected by the employer
and one shall be selected by the exclusive representative. The neutral third member of the arbitration
panel, who shall chair the arbitration panel, shall be selected by mutual
agreement of the parties. In the event
that the parties fail to select the neutral third member of the arbitration
panel within thirty days from the date of impasse, the board shall request the
American Arbitration Association, the Federal Mediation and Conciliation
Service, or its [successor] successors in function, to
furnish a list of five qualified and experienced interest arbitrators from
which the neutral arbitrator shall be selected[.]; provided that the
list of five interest arbitrators may contain interest arbitrators from both
the American Arbitration Association, Federal Mediation and Conciliation
Service, or its successors. Within
five days after receipt of the list, the parties shall alternately strike names
from the list until a single name is left, who shall be immediately appointed
by the board as the neutral arbitrator and chairperson of the arbitration
panel.
(B) Final
positions. Upon the selection and
appointment of the arbitration panel, each party shall submit to the panel, in
writing, with copy to the other party, a final position that shall include all
provisions in any existing collective bargaining agreement not being modified,
all provisions already agreed to in negotiations, and all further provisions
that each party is proposing for inclusion in the final agreement;
provided that [such] further provisions shall be limited to those
specific proposals that were submitted in writing to the other party and were
the subject of collective bargaining between the parties up to the time of the
impasse, including those specific proposals that the parties have decided to
include through a written mutual agreement.
The arbitration panel shall decide whether final positions are compliant
with this provision and which proposals may be considered for inclusion in the
final agreement.
(C) Arbitration hearing. Within one hundred twenty days of its appointment, the arbitration panel shall commence a hearing at which time the parties may submit, either in writing or through oral testimony, all information or data supporting their respective final positions. The arbitrator, or the chairperson of the arbitration panel together with the other two members, are encouraged to assist the parties in a voluntary resolution of the impasse through mediation, to the extent practicable throughout the entire arbitration period until the date the panel is required to issue its arbitration decision.
(D) Arbitration decision. Within thirty days after the conclusion of the hearing, a majority of the arbitration panel shall reach a decision pursuant to subsection (f) on all provisions that each party proposed in its respective final position for inclusion in the final agreement and transmit a preliminary draft of its decision to the parties. The parties shall review the preliminary draft for completeness, technical correctness, and clarity and may mutually submit to the panel any desired changes or adjustments that shall be incorporated in the final draft of its decision. Within fifteen days after the transmittal of the preliminary draft, a majority of the arbitration panel shall issue the arbitration decision."
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: |
_____________________________ |
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Report Title:
HLRB; Collective Bargaining; Resolution of Disputes; Impasse; Arbitrator Selection
Description:
Authorizes the Hawaii Labor Relations Board to request the Federal Mediation and Conciliation Service to furnish a list of five qualified and experienced interest arbitrators in the event the parties fail to select the neutral third member of the arbitration panel. Clarifies that the list of five interest arbitrators may contain arbitrators from both the American Arbitration Association and the Federal Mediation and Conciliation Service.
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
|
|---|---|
| May 27, 2025 | Act 087, on 05/27/2025 (Gov. Msg. No. 1187). |
| May 27, 2025 | Act 087, 05/27/2025 (Gov. Msg. No. 1187). |
| May 1, 2025 | Transmitted to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick excused (2). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. |
| Apr 24, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25 |
| Apr 24, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 76). |
| Apr 24, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 76) as amended in (CD 1). |
| Apr 24, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Aquino, Kanuha, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 24, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 4 Ayes: Representative(s) Sayama, Todd, Lee, M., Reyes Oda; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Garrett. |
| Apr 23, 2025 | Conference Committee Meeting will reconvene on Thursday 04-24-25 10:00AM in conference room 016. |
| Apr 22, 2025 | Conference Committee Meeting will reconvene on Wednesday 04-23-25 10:01AM in conference room 016. |
| Apr 21, 2025 | Conference Committee Meeting will reconvene on Tuesday 04-22-25 10:01AM in conference room 016. |
| Apr 17, 2025 | Bill scheduled for Conference Committee Meeting on Monday, 04-21-25 10:00AM in conference room 016. |
| Apr 21, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 755). |
| Apr 17, 2025 | House Conferees Appointed: Sayama, Todd, Lee, M. Co-Chairs; Garrett, Reyes Oda. |
| Apr 17, 2025 | Re-referred to LAB, JHA, FIN, referral sheet 33 |
| Apr 15, 2025 | Received notice of Senate conferees (Sen. Com. No. 790). |
| Apr 15, 2025 | Senate Conferees Appointed: Aquino Chair; Kanuha Co-Chair; Fevella. |
| Apr 4, 2025 | Received notice of disagreement (Hse. Com. No. 451). |
| Apr 3, 2025 | House disagrees with Senate amendment (s). |
| Apr 2, 2025 | Returned from Senate (Sen. Com. No. 473) in amended form (SD 1). |
| Apr 2, 2025 | Report Adopted; Passed Third Reading. Ayes, 23; Aye(s) with reservations: none. Noes, 0 (none). Excused, 2 (Senator(s) DeCorte, Ihara). Transmitted to House. |
| Apr 1, 2025 | One Day Notice 04-02-25. |
| Apr 1, 2025 | Reported from WAM (Stand. Com. Rep. No. 1470) with recommendation of passage on Third Reading. |
| Mar 28, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 11 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Wakai; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Lee, C., Fevella. |
| Mar 25, 2025 | The committee(s) on WAM will hold a public decision making on 03-28-25 10:02AM; Conference Room 211 & Videoconference. |
| Mar 18, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. |
| Mar 18, 2025 | Reported from LBT (Stand. Com. Rep. No. 1099) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM. |
| Mar 12, 2025 | The committee(s) on LBT recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in LBT were as follows: 4 Aye(s): Senator(s) Aquino, Lee, C., Ihara, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Moriwaki. |
| Mar 10, 2025 | The committee(s) on LBT deferred the measure until 03-12-25 3:01PM; Conference Room 224 & Videoconference. |
| Mar 7, 2025 | The committee(s) on LBT has scheduled a public hearing on 03-10-25 3:00PM; Conference Room 224 & Videoconference. |
| Mar 6, 2025 | Referred to LBT, WAM. |
| Mar 6, 2025 | Passed First Reading. |
| Mar 6, 2025 | Received from House (Hse. Com. No. 195). |
| Mar 4, 2025 | Passed Third Reading as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Pierick, Ward excused (2). Transmitted to Senate. |
| Feb 28, 2025 | Forty-eight (48) hours notice Tuesday, 03-04-25. |
| Feb 28, 2025 | Reported from JHA (Stand. Com. Rep. No. 1068) as amended in HD 2, recommending passage on Third Reading. |
| Feb 20, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Cochran. |
| Feb 18, 2025 | Bill scheduled to be heard by JHA on Thursday, 02-20-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Feb 12, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Sayama, Ward excused (3). |
| Feb 12, 2025 | Reported from LAB (Stand. Com. Rep. No. 475) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Feb 6, 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; Noes: none; and Excused: none. |
| Feb 3, 2025 | Bill scheduled to be heard by LAB on Thursday, 02-06-25 9:00AM in House conference room 309 VIA VIDEOCONFERENCE. |
| Jan 21, 2025 | Referred to LAB, JHA, referral sheet 1 |
| Jan 16, 2025 | Introduced and Pass First Reading. |
| Jan 14, 2025 | Prefiled. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 30, 2025 | Final Reading | House Floor |
Passed |
|
| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
|
| Apr 2, 2025 | Third Reading | Senate Floor |
Passed |
|
| Mar 28, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Ways and Means |
Passed |
|
| Mar 12, 2025 | The committee(s) on LBT recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Labor and Technology |
Passed |
|
| Mar 4, 2025 | Third Reading | House Floor |
Passed |
|
| Feb 20, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
|
| Feb 6, 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
|
|---|---|---|
| AFSCME Local 152, AFL-CIO | *** Support | Mar 27, 2025 |
| HAWAII GOVERNMENT EMPLOYEES ASSOCIATION | *** Support | Mar 27, 2025 |
| Hawaii State AFL-CIO | *** Support | Mar 27, 2025 |
| United Public Workers, AFSCME Local 646 | *** Support | Feb 20, 2025 |
| United Public Workers, AFSCME Local 646, AFL-CIO | *** Support | Mar 27, 2025 |
CONFERENCE COMMITTEE REP. NO. 76
Honolulu, Hawaii
, 2025
RE: H.B. No. 162
H.D. 2
S.D. 1
C.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madam and Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 162, H.D. 2, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO COLLECTIVE BARGAINING,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to expand the pool of interest arbitrators to resolve labor disputes by:
(1) Authorizing the Hawaii Labor Relations Board to request the Federal Mediation and Conciliation Service to furnish a list of five qualified and experienced interest arbitrators if the parties fail to select the neutral third member of the arbitration panel; and
(2) Clarifying that the list of five interest arbitrators may contain arbitrators from the American Arbitration Association and the Federal Mediation and Conciliation Service.
Your Committee on Conference has amended this measure by changing the effective date to upon approval.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 162, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 162, H.D. 2, S.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
|
ON THE PART OF THE SENATE |
|
ON THE PART OF THE HOUSE |
|
____________________________ HENRY J.C. AQUINO Chair |
|
____________________________ JACKSON D. SAYAMA Co-Chair |
|
____________________________ DRU KANUHA Co-Chair |
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____________________________ CHRIS TODD Co-Chair |
|
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____________________________ MIKE LEE Co-Chair |
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|
STAND. COM. REP. NO. 1470
Honolulu, Hawaii
RE: H.B. No. 162
H.D. 2
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Ways and Means, to which was referred H.B. No. 162, H.D. 2, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO COLLECTIVE BARGAINING,"
begs leave to report as follows:
The purpose and intent of this measure is to provide an expanded pool of interest arbitrators for purposes of collective bargaining.
More specifically, the measure:
(1) Authorizes the Hawaii Labor Relations Board to request the Federal Mediation and Conciliation Service to furnish a list of five qualified and experienced interest arbitrators if the parties fail to select the neutral third member of the arbitration panel; and
(2) Clarifies that the list of five interest arbitrators may contain arbitrators from both the American Arbitration Association and the Federal Mediation and Conciliation Service.
Your Committee received written comments in support of this measure from the Hawaii Government Employees Association, Hawaii State AFL-CIO, and United Public Workers.
Your Committee finds that an expanded pool of qualified interest arbitrators will promote impartiality and efficiency in the State's collective bargaining process.
As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 162, H.D. 2, S.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Ways and Means,
|
|
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________________________________ DONOVAN M. DELA CRUZ, Chair |
|
|
|
|
STAND. COM. REP. NO. 1099
Honolulu, Hawaii
RE: H.B. No. 162
H.D. 2
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Labor and Technology, to which was referred H.B. No. 162, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO COLLECTIVE BARGAINING,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Authorize the Hawaii Labor Relations Board to request the Federal Mediation and Conciliation Service to furnish a list of five qualified and experienced interest arbitrators in the event the parties fail to select the neutral third member of the arbitration panel; and
(2) Clarify that the list of five interest arbitrators may contain arbitrators from both the American Arbitration Association and Federal Mediation and Conciliation Service.
Your Committee received testimony in support of this measure from the United Public Workers AFSCME Local 646, AFL-CIO; Hawaii Government Employees Association AFSCME Local 152, AFL-CIO; and Hawaii State AFL-CIO.
Your Committee finds that existing law governing collective bargaining in public employment binds bargaining units to arbitration procedures to resolve impasses. These procedures currently limit the Hawaii Labor Relations Board to one organization, the American Arbitration Association, from which to request a list of qualified interest arbitrators and select the neutral third member of an arbitration panel. This measure includes the Federal Mediation and Conciliation Service in the selection process. Expanding the pool of well-qualified potential interest arbitrators will positively impact the collective bargaining process by promoting fairness and efficiency in the resolution of labor disputes.
Your Committee has amended this measure by:
(1) Inserting an effective date of July 1, 2050, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Labor and Technology that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 162, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 162, H.D. 2, S.D. 1, and be referred to your Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Labor and Technology,
|
|
|
________________________________ HENRY J.C. AQUINO, Chair |
|
|
|
|
STAND. COM. REP. NO. 1068
Honolulu, Hawaii
, 2025
RE: H.B. No. 162
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 162, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO COLLECTIVE BARGAINING,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Authorize the Hawaii Labor Relations Board to include the Federal Mediation and Conciliation Service in their request to the American Arbitration Association to furnish a list of five qualified interest arbitrators to mediate labor disputes; and
(2) Clarify that the list of five interest arbitrators may contain interest arbitrators from the American Arbitration Association and the Federal Mediation and Conciliation Service, or their successors.
Your Committee finds that the collective bargaining process for public employees in the State relies on arbitration panels to resolve disputes. However, existing law limits the selection of neutral arbitrators to those provided by a single organization. This restriction can reduce the availability of experienced arbitrators and hinder the timely resolution of labor disputes. This measure will expand the pool of qualified arbitrators and ensure a more efficient and impartial arbitration process by allowing the Hawaii Labor Relations Board to request arbitrators from the Federal Mediation and Conciliation Service.
Your Committee has amended this measure by making technical amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 162, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 162, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
|
|
|
____________________________ DAVID A. TARNAS, Chair |
|
|
|
|
STAND. COM. REP. NO. 475
Honolulu, Hawaii
, 2025
RE: H.B. No. 162
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. 162 entitled:
"A BILL FOR AN ACT RELATING TO COLLECTIVE BARGAINING,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Authorize the Hawaiʻi Labor Relations Board to include the Federal Mediation and Conciliation Service in their request to the American Arbitration Association to furnish a list of five qualified interest arbitrators, to mediate labor disputes; and
(2) Clarify that the list of five interest arbitrators may contain interest arbitrators from the American Arbitration Association and the Federal Mediation and Conciliation Service, or its successors.
Your Committee received testimony in support of this measure from the Hawaii State AFL-CIO; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and United Public Workers, AFSCME Local 646, AFL-CIO. Your Committee received comments on this measure from the Hawaiʻi Labor Relations Board.
Your Committee finds that the American Arbitration Association is the only organization that is authorized to furnish a list of five neutral interest arbitrators to mediate impasses during labor disputes. Your Committee believes that expanding the pool of qualified and experienced interest arbitrators to be chosen from can ensure fairness and efficiency to resolve labor disputes.
Your Committee amended this measure by:
(1) Changing the effective date to July 1, 3000, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
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. 162, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 162, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Labor,
|
|
|
____________________________ JACKSON D. SAYAMA, Chair |
|
|
|
|
|
Date
|
Testimony PDF
|
|---|---|
| Mar 27, 2025 | HB162_SD1_TESTIMONY_WAM_03-28-25_.PDF |
| Mar 10, 2025 | HB162_HD2_TESTIMONY_LBT_03-10-25_.PDF |
| Feb 20, 2025 | HB162_HD1_TESTIMONY_JHA_02-20-25_.PDF |
| Feb 5, 2025 | HB162_TESTIMONY_LAB_02-06-25_.PDF |
Discussed in Hearing
2MIN
Conference Committee
1MIN
Senate Standing Committee on Labor and Technology
59SEC
House Standing Committee on Judiciary & Hawaiian Affairs
1MIN
House Standing Committee on Labor
Bill Author
Bill Co-Author(s):
