HomeMy WebLinkAbout2017-03-14 Letter to Aaron Ling Johanson re SB 410 SD 1 Relating to Collective Bargaining ��v or•
• .. .,'., Wil Okabe
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25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553
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March 14, 2017
Representative Aaron Ling Johanson, Chair
Committee on Labor & Public Employment
Hawai'i State Capitol
Honolulu, HI 96813
Dear Chair Johanson 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.
We appreciate that this draft, and the latest draft of the House companion
(HB232) have removed some wording that was contained in the original. However,
collective bargaining language can be extremely technical, and every change can have
unforeseen consequences.
As we read SB 410, SD1 it still 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 Hawai`,is an Equal Opportunity Provider and Employer.
Aaron Johanson
March 14, 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 Hawai,is an Equal Opportunity Provider and Employer