SB 340: HLRB; Collective Bargaining in Public Employment; Orders; Enforcement

A BILL FOR AN ACT

RELATING TO COLLECTIVE BARGAINING IN PUBLIC EMPLOYMENT.

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] the 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] these 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:

HLRB; Collective Bargaining in Public Employment; Orders; Enforcement

Description:

Clarifies that the Hawaii Labor Relations Board has the authority to enforce its own orders issued pursuant to state law governing collective bargaining in public employment, in addition to discretion to seek judicial enforcement of its orders under the Hawaii Employment Relations Act.  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 IN PUBLIC EMPLOYMENT.

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] the 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] these 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 July 1, 2050.

Report Title:

HLRB; Collective Bargaining in Public Employment; Orders; Enforcement

Description:

Clarifies that the Hawaii Labor Relations Board has the authority to enforce its own orders issued pursuant to state law governing collective bargaining in public employment, in addition to discretion to seek judicial enforcement of its orders under the Hawaii Employment Relations Act.  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.

A BILL FOR AN ACT

Relating to Collective Bargaining in Public Employment.

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] the 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:

HLRB; Collective Bargaining in Public Employment; Orders; Enforcement

Description:

Clarifies that the Hawaii Labor Relations Board has the authority to enforce its own orders issued pursuant to state law governing collective bargaining in public employment, in addition to discretion to seek judicial enforcement of its orders under the Hawaii Employment Relations Act.

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.  1391

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 340

      S.D. 1

      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 S.B. No. 340, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COLLECTIVE BARGAINING IN PUBLIC EMPLOYMENT,"

begs leave to report as follows:

     The purpose of this measure is to authorize the Hawaii 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 that 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 has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

     Your Committee respectfully requests your Committee on Judiciary & Hawaiian Affairs, should it deliberate on this measure, to consider the concerns raised by the Department of the Attorney General in regard to authorizing an administrative agency to enforce its own orders rather than seeking enforcement through established judicial procedures.

     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 S.B. No. 340, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 340, S.D. 1, 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,

STAND. COM. REP. NO. 963

Honolulu, Hawaii

RE:    S.B. No. 340

       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 Judiciary, to which was referred S.B. No. 340, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COLLECTIVE BARGAINING IN PUBLIC EMPLOYMENT,"

begs leave to report as follows:

     The purpose and intent of this measure is to clarify that the Hawaii Labor Relations Board has the authority to enforce its own orders issued pursuant to state law governing collective bargaining in public employment, in addition to discretion to seek judicial enforcement of its orders under the Hawaii Employment Relations Act.

     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 that the Hawaii Labor Relations Board is a quasi-judicial agency that administers public sector collective bargaining and prohibited practices and certain private sector collective bargaining and unfair labor practices.  Your Committee further finds that existing statute provides that the Hawaii Labor Relations Board may petition the appropriate circuit court to enforce an order of the Board, but does not require that the Board do so.  Additionally, the Hawaii Administrative Rules specify mechanisms for the Hawaii Labor Relations Board to enforce its own orders.  This measure clarifies in statute that the Hawaii Labor Relations Board has the existing power to enforce its own orders.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 340, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 202

Honolulu, Hawaii

RE:    S.B. No. 340

       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. 340 entitled:

"A BILL FOR AN ACT RELATING TO COLLECTIVE BARGAINING IN PUBLIC EMPLOYMENT,"

begs leave to report as follows:

     The purpose and intent of this measure is to clarify that the Hawaii Labor Relations Board has the authority to enforce its own orders issued pursuant to state law governing collective bargaining in public employment, in addition to discretion to seek judicial enforcement of its orders under the Hawaii Employment Relations Act.

     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 that discrepancies exist between the Hawaii Revised Statutes and the Hawaii Administrative Rules governing the enforcement powers of the Hawaii Labor Relations Board.  The Hawaii Labor Relations Board is a quasi-judicial agency with exclusive original jurisdiction over prohibited practice cases and the power to impose fines in certain cases.  While the Hawaii Revised Statutes provide that the Board "may" petition the appropriate circuit court to enforce an order, the Hawaii Administrative Rules also detail mechanisms for the Board to enforce its own orders.  For consistency, this measure clarifies in statute that the Board has the power to enforce its own orders.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, 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. 340, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 340, S.D. 1, and be referred to your Committee on Judiciary.

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