HomeMy WebLinkAboutCOM 0582.011 1996-1998 4< ~ F M~
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HOUSE OF REPRESENTATIVES
STATE OF HAWAII _ ~ (~[~Ff~I[-p "1~ ,
STATE CAPITOL
HONOLULU, HAWAII 96813 Y 'r
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County CoW~oW
TESTIMONY IN SUPPORT OF RESOLUTION 185-97
Submitted by Representative Dwight Takamine
Mr. Chairman and members of the County Council,
Good Morning and thank you for this opportunity to testify in
support of Resolution 185-97.
Let me first acknowledge that I do not claim to have any special
expertise on the County Budget or fiscal situation. That is a
matter on which I defer to you.
However, since Chapter 89, the Collective Bargaining Law is a
creature of the State Legislature, I would like to offer a few
comments for your consideration.
The State Collective Bargaining Law was adopted in 1970 and is
intended to promote "harmonious and cooperative relations between
government and its employees and to protect the public b~
assuring effective and orderly operations of government.
The law further states that this policy is "best effectuated by
(1) recognizing the right of public employees to organize for the
purpose of collective bargaining, (2) requiring the public
employers to negotiate with and enter into written agreements
with exclusive representatives on matters of wages, hours, and
other conditions of employment, while at the same time, (3)
maintaining merit principles and the principle of equal pay for
equal work among state and county employees.
The intent of the law was to place public employees on an equal
footing with private sector workers, who already had the right to
organize and to engage in lawful concerted activities for the
purposes of collective bargaining.
However, given the nature of government and the need to protect
the public's health and safety, limitations were imposed on those
rights. As an example, for those public employees who decided to
exercise their right to strike, the "essential worker" provisions
in the law limited that right to strike, to protect the public's
interest.
Similarly, to protect the public's interest, a specific process
for resolving impasses is established under section llp~t~h0. 5 ~2./~ _
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collective bargaining law. Section 11 does provide for a
mediation and fact-finding process to be complied with to resolve
any impasses ; and for certain bargaining units (including units 3
and 4) , an arbitration process to resolve any disputes .
The process is a fair one , that attempts to provide a means of
resolving differences between the parties , while minimizing the
possibility of disruption or interruption of services for the
general public. I understand that both collective bargaining
units engaged in collective bargaining , did negotiate in good
faith , and that a final agreement was submitted to the general
membership of those units for ratification .
I further understand that the final terms were ratified by the
membership of both units 3 and 4, and that the final terms agreed
to , represents a "2 . 23% across-the-board increase" .
Clearly, as policy makers , you should not be expected to merely
rubber stamp any collective bargaining agreements arrived at
between the bargaining representative and the public employer.
At the same time , we need to be mindful that should funding for
such agreements be turned down at the final step of the
collective bargaining procedure , it raises questions about the
process . Any public employee who felt that they had relied on
the process , and acted in good faith would at a minimum, question
the integrity of the process .
I submit these comments for your consideration and again , I
appreciate the opportunity to share these thoughts with you .
Thank you very much .