SB 337: RELATING TO COLLECTIVE BARGAINING.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-02-10
Current Status:
Failed
(2025-12-08: Carried over to 2026 Regular Session.)
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 the Federal Mediation and Conciliation Service. (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 the Federal Mediation and Conciliation Service.
|
THE SENATE |
S.B. NO. |
337 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.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] 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 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.
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. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
337 |
|
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: |
_____________________________ |
|
|
|
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
|
|---|---|
| Dec 8, 2025 | Carried over to 2026 Regular Session. |
| Feb 10, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. |
| Feb 10, 2025 | Reported from LBT (Stand. Com. Rep. No. 196) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM. |
| Jan 31, 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, Moriwaki; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella. |
| Jan 28, 2025 | The committee(s) on LBT has scheduled a public hearing on 01-31-25 3:00PM; Conference Room 224 & Videoconference. |
| Jan 21, 2025 | Referred to LBT, WAM. |
| Jan 15, 2025 | Introduced and passed First Reading. |
| Jan 14, 2025 | Pending Introduction. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jan 31, 2025 | The committee(s) on LBT recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Labor and Technology |
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
|
|---|---|---|
| Hawaii Government Employees Association, AFSCME Local | ** Support | |
| HAWAII GOVERNMENT EMPLOYEES ASSOCIATION | *** Support | Jan 31, 2025 |
| Hawaii State AFL-CIO | *** Support | Jan 31, 2025 |
STAND. COM. REP. NO. 196
Honolulu, Hawaii
RE: S.B. No. 337
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 S.B. No. 337 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 an arbitration panel; and
(2) Clarify 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 testimony in support of this measure from the Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO and Hawaii State AFL-CIO.
Your Committee received comments on this measure from the Hawaiʻi Labor Relations Board.
Your Committee finds that experienced, well-qualified arbitrators are critical to reaching mutually satisfactory outcomes in the dispute resolution process. Currently, the American Arbitration Association is the only organization from which the Hawaii Labor Relations Board may request a list of interest arbitrators to select as the neutral third member of an arbitration panel. This measure will expand the pool of available skillful arbitrators by also allowing selections of interest arbitrators from the Federal Mediation and Conciliation Service.
Your Committee has amended this measure by 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 S.B. No. 337, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 337, 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 |
|
|
|
|
|
Date
|
Testimony PDF
|
|---|---|
| Jan 31, 2025 | SB337_TESTIMONY_LBT_01-31-25_.PDF |
Discussed in Hearing
2MIN
Senate Standing Committee on Labor and Technology
Bill Author
Bill Co-Author(s):
