2017-02-28 Letter to Jill Tokuda re SB 410 SD1 - Relating to Collective Bargaining

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Harry Kim Mayor COWIN Of Pitt'Mi i Wil Okabe Managing Director Barbara J. Kossaw Deputy Managing Director ®ffrn of the Agin 25 Aupuni Street, Suite 2603 • Hilo, Hamar] 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA 74-5044 Ane Keohokalole Hwy., Bldg. C • Kailua-Kona, Hawaii 96740 (808)323-4444 • Fax (808) 323-4440 February 28, 2017 Senator Jill Tokuda Ways and Means Hawai'i State Capitol Honolulu, HI 96813 Dear Chair Tokuda and Members: RE: SB 410 SD 1 Relating to Collective Bargaining Thank you for this opportunity to comment on SB 410, SD1. SB 410, SD1 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, SD1 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. County of Hawaii is an Equal Opportunity Provider and Employer