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MtY Of•. <br /> _'�?•`, - �!4;•, Wil Okabe <br /> .syr Managing Director <br /> Harry Kim •'6: .n; . • <br /> • <br /> Mayor --` T� Barbara J.Kossow <br /> - ---- Deputy Managing Director <br /> •/� hOf•08 <br /> ( 1 County of tI�1t�Ctrt <br /> @f ice of tip Attar <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 28, 2017 <br /> Rep. Sylvia Luke, Chair <br /> Committee on Finance <br /> Hawai'i State Capitol <br /> Honolulu, HI 96813 <br /> Dear Chair Luke and Committee Members: <br /> RE: SB 410, SD 1, HD 1 <br /> Re: SB 410, SD1, HD1 Collective bargaining <br /> Thank you for this opportunity to comment on SB 410, SD1, HD1. <br /> SB 410, SD1, HD1 says its purpose is to "clarify" the allowable scope of <br /> collective bargaining negotiations regarding the rights and obligations of a public <br /> employer, and also "clarify" prohibited practices for parties to a public employment <br /> collective bargaining agreement. However, as we read the bill, its provisions would take <br /> away rights of the 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, HD1, it still would provide a union another subject area <br /> to 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 Hawaii is an Equal Opportunity Provider and Employer <br />