SB 2114: 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] 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  Statutory material to be repealed is bracketed and stricken.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 prohibited by the applicable collective bargaining agreement.  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] 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 January 1, 2077.

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 prohibited by the applicable collective bargaining agreement.  Effective 1/1/2077.  (SD2)

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 on January 1, 2077.

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.  Effective 1/1/2077.  (SD1)

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. 2953

Honolulu, Hawaii

RE:     S.B. No. 2114

        S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Ways and Means and Judiciary, to which was referred S.B. No. 2114, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COLLECTIVE BARGAINING,"

beg leave to report as follows:

     The purpose and intent of this measure is to allow employees exempt from the civil service law to grieve a suspension or discharge, and to allow employees subject to a collective bargaining agreement to grieve any disciplinary action, including a suspension or discharge.

     Your Committees received written comments in support of this measure from the University of Hawaii Professional Assembly, United Public Workers, Hawaii State Teachers Association, and Hawaii Government Employees Association.

     Your Committees received written comments in opposition to this measure from the Department of Human Resources Development and County of Maui.

     Your Committees find that providing certain employees with additional grievance rights may conflict with contrary provisions in applicable collective bargaining agreements.

     Accordingly, your Committees have amended this measure by clarifying that an employee who is a member of an appropriate bargaining unit may grieve a disciplinary action, unless the collective bargaining agreement specifically provides otherwise.

     As affirmed by the records of votes of the members of your Committees on Ways and Means and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2114, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 2114, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Ways and Means and Judiciary,

STAND. COM. REP. NO. 2118

Honolulu, Hawaii

RE:     S.B. No. 2114

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Labor and Technology, to which was referred S.B. No. 2114 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)  Repeal the prohibition placed on certain employees exempt from Civil Service Law from 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; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and United Public Workers, AFSCME Local 646, AFL-CIO.

     Your Committee received testimony in opposition to this measure from the Department of Human Resources Development, Office of the Mayor of the County of Maui, Department of Human Resources of the City and County of Honolulu, and Libertarian Party of Hawaii.

     Your Committee finds that grievance procedures are an essential element of public employment that safeguard workers' rights.  However, the current dispute resolution process prohibits certain employees exempt from civil service law from grieving suspensions or discharges.  Your Committee further finds that access to a fair, transparent process to challenge disciplinary actions promotes equity and fairness in disciplinary decisions.  Accordingly, this measure ensures all public employees who are members of collective bargaining units are granted due process as a standard protection.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of January 1, 2077, to encourage further discussion; and

     (2)  Making a technical, nonsubstantive amendment 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 S.B. No. 2114, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2114, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.

Respectfully submitted on behalf of the members of the Committee on Labor and Technology,