COM 0719.001 2006-2008 - Laserfiche WebLink

Home

MEMORANDIIM OF AGREEMENT This Memorandum of Agreement is made and entered this 11th day of September 2007 by and between the County of Hawaii (County or Employer) and the United Public Workers, AFSCME, Local 696, AFL-CIO (Union or UPW) pursuant to a court ordered mediation process conducted in accordance with the Hawaii Appellate Conference Program Rules before court appointed mediator Walter H. Ikeda in connection with Case No. 28250 before the Intermediate Court of Appeals of the State of Hawaii. 1. The Employer shall comply with the following public policies relating to the employment of persons who render public services through its various agencies and departments, a. In accordance with Article XVI, Section 1 of the State Constitution as construed in Konno v. County of Hawaii, 85 Hawaii 61, 937 P.2d 397 (1997) services customarily and historically performed by civil servants shall be performed in accordance with the merit principle, and may not be privatized. b. Services provided by private non-profit entities and organizations to promote employment training and placement of disabled persons shall continue to be exempt under Section 76-77 (13), Hawaii Revised Statutes (HRS). c. In accordance with Section 14.01 of the unit 1 agreement the prior rights of employees covered by constitutions, statutes, or rules and regulations shall not be abridged, as construed by Arbitrator Ronald Libkuman in an arbitration decision and award dated- November 20, 2002 which was confirmed by the circuit court in S.P. No. 02-1-0519, and enforced by the Hawaii Labor Relations Board in Decision No. 469, Case No. CE-O1-532 dated June 29, 2007 d. No contract to perform services for any government contracting agency shall be granted or continued, except in full compliance with Section 103-55, HRS.