2017-03-13 Letter to Gilbert Keith-Agaran re HB 232, HD2, Relating to Collective Bargaining

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�,tMtY or o'• L ......, Wil Okabe , " \�Viseg Managing Director Harry Kim : .;��'t�.,,I/t• Mayor `ire 4I. Barbara J.Koslow ' •ti''7... Deputy Managing Director M��-' Cnuxttg of%Sari Office of the Alavr 25 Aupunt Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA. 74-5044 Ane Keohokalole Hwy,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 March 13, 2017 Senator Gilbert Keith-Agaran Judiciary and Labor Hawai'i State Capitol Honolulu, HI 96813 Dear Chair Keith-Agaran and Members: RE: HB 232, HD2 Relating to Collective Bargaining Thank you for this opportunity to testify against HB 232, HD2. HB 232, HD2 says its purpose is to "clarify" the allowable scope of collective bargaining negotiations regarding the rights and obligations of a public employer. However, as we read the bill, its provisions would take away rights of the employer, and that is not acceptable. We appreciate that HD1 and HD2 have removed some wording that was contained in the original HB 232. However, collective bargaining language can be extremely technical, and every change can have unforeseen consequences. As we read HB 232, HD2, it 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. County of Hawaii is an Equal Opportunity Provider and Employer