HomeMy WebLinkAbout2017-02-06 Wil Okabe's testimony re SB 410Harry 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.