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��v or• <br /> • .. .,'., Wil Okabe <br /> •• x%81 Managing Director <br /> Harry Kim •:�� �'`.11" • <br /> Mayor -_--' «` <br /> -' Barbara J.Kossow <br /> •Oi e� �0 ." Deputy Managing Director <br /> taunt' IIf �C�xai t <br /> ODffrcr of flit Aar <br /> 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 <br /> KONA 74-5044 Ane Keohokalole Hwy,Bldg C • Kailua-Kona,Hawaii 96740 <br /> (808)323-4444 • Fax(808)323-4440 <br /> March 14, 2017 <br /> Representative Aaron Ling Johanson, Chair <br /> Committee on Labor & Public Employment <br /> Hawai'i State Capitol <br /> Honolulu, HI 96813 <br /> Dear Chair Johanson and members: <br /> RE: SB 410, SD 1 <br /> Relating to Collective Bargaining <br /> Thank you for this opportunity to comment on SB 410, SD1. <br /> SB 410, SD1 says its purpose is to "clarify" the allowable scope of collective <br /> bargaining negotiations regarding the rights and obligations of a public employer, and <br /> also "clarify" prohibited practices for parties to a public employment collective bargaining <br /> agreement. However, as we read the bill, its provisions would take away rights of the <br /> employer, and that is not acceptable. <br /> We appreciate that this draft, and the latest draft of the House companion <br /> (HB232) have removed some wording that was contained in the original. However, <br /> collective bargaining language can be extremely technical, and every change can have <br /> unforeseen consequences. <br /> As we read SB 410, SD1 it still would provide a union another subject area to <br /> grieve, by alleging that an action by the employer to implement affects the terms and <br /> conditions of employment. So, the amendment does not clarify, it muddies the current <br /> bright line of understanding between employer rights and employee rights. <br /> It would remove from HRS 89- 9 "permissive subjects of bargaining" which <br /> currently (1) are not mandatory, (2) are permissive and (3) are limited to 'procedures <br /> and criteria.' HRS 89-9 properly recognizes "permissive subjects of bargaining"; there is <br /> no duty to bargain, and a party cannot be compelled to bargain on permissive subjects. <br /> County of Hawai`,is an Equal Opportunity Provider and Employer. <br />