SB 717: Collective Bargaining; Grievance; Suspension; Discharge; 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 a suspension or 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  Statutory material to be repealed is bracketed and stricken.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 July 1, 3000.

Report Title:

Collective Bargaining; Grievance; Suspension; Discharge; 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 a suspension or discharge.  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 a suspension or 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 July 1, 2050.

Report Title:

Collective Bargaining; Grievance; Suspension; Discharge; 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 a suspension or discharge.  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.

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 a suspension or 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; Suspension; Discharge; 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 a suspension or discharge.

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.  1960

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 717

      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 Finance, to which was referred S.B. No. 717, S.D. 1, H.D. 1, 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 statutory prohibition against certain civil service exempt employees from grieving a suspension or discharge; and

     (2)  Allow any employee who is a member of an appropriate bargaining unit to grieve a suspension or discharge.

     Your Committee received testimony in support of this measure from the Hawaii State AFL-CIO; 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.  Your Committee received comments on this measure from the Department of Human Resources of the City and County of Honolulu.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 717, S.D. 1, H.D. 1, and recommends that it pass Third Reading.

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

STAND. COM. REP. NO.  1178

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 717

      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. 717, S.D. 1, 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 statutory prohibition on certain employees that are exempt from civil service law from grieving a suspension or discharge; and

     (2)  Add language to allow any employee who is a member of an appropriate bargaining unit to grieve a suspension or discharge.

     Your Committee received testimony in support of this measure from the United Public Workers, AFSCME Local 646, AFL-CIO; Hawaii State 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.  Your Committee received comments on this measure from the Department of Human Resources of the City and County of Honolulu.

     Your Committee finds that there has been a substantial increase in exempt employees in the State, which are classified as "at will" employees under existing law.  Furthermore, exempt employees do not have the right to file a grievance for a suspension or discharge under existing law.  Your Committee finds it important that the State demonstrate fair labor practices and allow employees who are exempt from civil service to grieve suspensions or discharges.

     Your Committee has 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 S.B. No. 717, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 717, S.D. 1, H.D. 1, and be referred to your Committee on Finance.

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

STAND. COM. REP. NO. 926

Honolulu, Hawaii

RE:    S.B. No. 717

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Ways and Means and Judiciary, to which was referred S.B. No. 717, 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 repeal the prohibition on grieving a suspension or discharge that is placed on individuals in positions exempt from civil service.

     Your Committees received written comments in support of this measure from the Hawaii State AFL-CIO and Hawaii Government Employees Association.

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

     Your Committees received written comments on this measure from the City and County of Honolulu, Department of Human Resources.

     Your Committees find that authorizing all employees, regardless of civil service status, to grieve a suspension or discharge will help to ensure that all employees have the same protections under the law.

     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. 717, S.D. 1, and recommend that it pass Third Reading.

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

STAND. COM. REP. NO. 55

Honolulu, Hawaii

RE:    S.B. No. 717

       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. 717 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 a suspension or discharge.

     Your Committee received testimony in support of this measure from the Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; Hawaii State 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.

     Your Committee received comments on this measure from the Department of Human Resources of the City and County of Honolulu.

     Your Committee finds that the significant increase in the number of state government positions that are exempt from Civil Service Law has left a greater number of employees effectively employed on an "at-will" basis, without a structured internal option to resolve grievances.  Alternatively, just cause protection affords fair and reasonable job security to civil service employees and is a key attractor for many to state employment.  The imbalance between these categories of employment and their respective protections fosters imbalance and instability in the workplace.  By allowing for equitable access to a grievance process for all state employees, this measure will strengthen recruitment and retention efforts for state employment.

     Your Committee has amended this measure by inserting an effective date of July 1, 2050, to encourage further discussion.

     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. 717, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 717, 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,