2017-02-07 Wil Okabe's testimony re HB232

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Harry Kim Mayor Wil Okabe Managing Director Barbara J. Kossow Deputy Managing Director (90UUN of �'701U(VU i (OffTCe of fheAnVor 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 a Fax (808) 961-6553 KONA, 74-5044 Ane Keohokalole Hwy., Bldg C o Kailua-Kona, Hawaii 96740 (808)323-4444 • Fax(808)323-4440 February 7, 2017 Representative Aaron Ling Johanson Labor & Public Employment Hawaii State Capitol Honolulu, HI 96813 Dear Chair Johanson and Committee Members: RE: HB232 Thank you for this opportunity to comment on HB 232 The description of HB 232 says its purpose is to "clarify" the allowable scope of collective bargaining negotiations regarding the rights and obligations of a public employer, and also "clarify" prohibited practices for parties to a public employment collective bargaining agreement. However, as we read the bill, its provisions would take away rights of the employer, and that is not acceptable. We believe HB 232 would provide a union another subject area to grieve, by alleging that an action by the employer to implement affects the terms and conditions of employment. So, the amendment does not clarify, it muddies the current bright line of understanding between employer rights and employee rights. It would remove from HRS 89- 9 "permissive subjects of bargaining" which currently (1) are not mandatory, (2) are permissive and (3) are limited to 'procedures and criteria.' HRS 89-9 properly recognizes "permissive subjects of bargaining"; there is no duty to bargain, and a party cannot be compelled to bargain on permissive subjects. Therefore, the County of Hawaii must oppose passage of HB 232. It goes beyond mere clarification, and gets into substantive changes in the rights of the parties. Resp ctfully submitted, Wi O abe Managing Director County of Hawaii is an Equal Opportunity provider and Employer