HomeMy WebLinkAbout2017-02-28 Letter to Jill Tokuda re SB 410 SD1 - Relating to Collective BargainingHarry 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
Jill Tokuda
February 21, 2017
Page 2
Therefore, the County of Hawaii must oppose passage of SB 410, SD1. It goes
beyond mere clarification, and gets into substantive changes in the rights of the parties.
Respectfully submitted,
Wil Okabe
Managing Director
County of Hawaii is an Equal Opportunity Provider and Employer