HB 1659: Collective Bargaining; Grievance Procedure; Suspension; Discharge; Discipline; Exempt Employees

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 any disciplinary action, including but not limited to a suspension or disciplinary discharge, unless the collective bargaining agreement specifically provides otherwise; 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  Statutory material to be repealed is bracketed and stricken.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 Procedure; Suspension; Discharge; Discipline; 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 any disciplinary action, unless the collective bargaining agreement specifically provides otherwise.  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 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 any disciplinary action, including but not limited to a suspension or disciplinary 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.

Report Title:

Collective Bargaining; Grievance Procedure; Suspension; Discharge; Discipline; 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 any disciplinary action. 

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.  277-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1659

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Labor, to which was referred H.B. No. 1659 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 the prohibition on certain civil service-exempt employees grieving a suspension or discharge; and

     (2)  Allow any employee who is a member of an appropriate bargaining unit to grieve any disciplinary action.

     Your Committee received testimony in support of this measure from the Hawaiʻi State Teachers Association; University of Hawaii Professional Assembly; United Public Workers, AFSCME Local 646, AFL-CIO; and Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO.  Your Committee received testimony in opposition to this measure from the Department of Human Resources Development and Department of Human Resources of the City and County of Honolulu.

     Your Committee finds that existing law prevents certain employees who are exempt from civil service from grieving suspensions or discharges, which has created inconsistency across bargaining units.  This discrepancy has resulted in uneven access to due process procedures and uncertainty regarding how disciplinary actions may be reviewed.  This measure establishes a more uniform and predictable process for resolving workplace disputes.

     Your Committee has amended this measure by:

     (1)  Clarifying that an employee's authority to grieve disciplinary action is subject to any limitations expressly provided in the applicable 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. 1659, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1659, 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,