HomeMy WebLinkAbout2017-03-13 Letter to Gilbert Keith-Agaran re HB 232, HD2, Relating to Collective Bargaining �,tMtY or
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March 13, 2017
Senator Gilbert Keith-Agaran
Judiciary and Labor
Hawai'i State Capitol
Honolulu, HI 96813
Dear Chair Keith-Agaran and Members:
RE: HB 232, HD2
Relating to Collective Bargaining
Thank you for this opportunity to testify against HB 232, HD2.
HB 232, HD2 says its purpose is to "clarify" the allowable scope of collective
bargaining negotiations regarding the rights and obligations of a public employer.
However, as we read the bill, its provisions would take away rights of the employer, and
that is not acceptable.
We appreciate that HD1 and HD2 have removed some wording that was
contained in the original HB 232. However, collective bargaining language can be
extremely technical, and every change can have unforeseen consequences.
As we read HB 232, HD2, 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
Gilbert Keith-Agaran
Page 2
March 13, 2017
Therefore, the County of Hawaii must oppose passage of HB 232, HD2. It goes
beyond mere clarification, and gets into substantive changes in the rights of the parties.
Respectfully submitted,
c A
Wil Okabe
Managing Director
County of Hawaii is an Equal Opportunity Provider and Employer.