HomeMy WebLinkAbout2017-02-07 Wil Okabe's testimony re HB232Harry Kim
Mayor
Wil Okabe
Managing Director
Barbara J. Kossow
Deputy Managing Director
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February 7, 2017
Representative Aaron Ling Johanson
Labor & Public Employment
Hawaii State Capitol
Honolulu, HI 96813
Dear Chair Johanson and Committee Members:
RE: HB232
Thank you for this opportunity to comment on HB 232
The description of HB 232 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.
We believe HB 232 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 HB 232. It goes beyond mere
clarification, and gets into substantive changes in the rights of the parties.
Resp ctfully submitted,
Wi O abe
Managing Director
County of Hawaii is an Equal Opportunity provider and Employer