HB 165: RELATING TO THE HAWAII LABOR RELATIONS BOARD.

A BILL FOR AN ACT

RELATING TO THE HAWAII LABOR RELATIONS BOARD.

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 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 on July 1, 3000.

Report Title:

Hawaii Labor Relations Board; Collective Bargaining; Enforcement

Description:

Authorizes the Hawaii Labor Relations Board to enforce its own orders.  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.

A BILL FOR AN ACT

relating to the hawaii labor relations board.

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 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.

Report Title:

Hawaii Labor Relations Board; Collective Bargaining; Enforcement

Description:

Authorizes the Hawaii Labor Relations Board to enforce its own orders.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  477

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 165

      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. 165 entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII LABOR RELATIONS BOARD,"

begs leave to report as follows:

     The purpose of this measure is to authorize the Hawaiʻi Labor Relations Board to enforce its own orders.

     Your Committee received testimony in support of this measure from the Hawaiʻi Labor Relations Board.  Your Committee received testimony in opposition to this measure from the Department of the Attorney General.

     Your Committee finds it important to clarify that the Hawaii Labor Relations Board has the authority to enforce its own orders.  Your Committee also finds that under existing law the Hawaii Labor Relations Board is authorized to conduct proceedings on complaints of prohibited or unfair practices and take action as it deems necessary and proper.  Therefore, your Committee believes it is appropriate to authorize the Hawaii Labor Relations Board to enforce such actions, as it relates to proceedings on complaints of prohibited practices by employers, employees, and employee organizations.

     Your Committee amended this measure by 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. 165, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 165, 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,