2017-02-06 Wil Okabe's testimony re SB 410

Home

Harry Kim Mayor Wil Okabe Managing Director Barbara J. Kossow Deputy Managing Director Offire of fljr4aUor 25 Aupum Street, Suite 2603 • Hila, Hawaii 96720 • (808) 961.8211 • Fax (808) 961.6553 KONA 74-5044 Aae Keohokalole Hwy, Bldg. C • Kailua-Kona, Hawaii 96740 (808) 323-4444 . Fax (808) 323-4440 February 6, 2017 Senator Gilbert S.C. Keith-Agaran, Chair Judiciary and Labor Hawai'i State Capitol Honolulu, HI 9681 Dear Chair Keith-Agaran and Members: RE: SB 410 Thank you for this opportunity to comment on SB 410. SB 410 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. As we read SB 410, 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. Therefore, the County of Hawaii must oppose passage of SB 410. It goes beyond mere clarification, and gets into substantive changes in the rights of the parties. Res ctfully submitted, 1///A� Wil Dkabe Managing Director County of Hawaii is an Equal Opportunity Provider and Employer.