Chapter 89 — Collective
26 sections in this chapter.
HRS §89-1 Statement of findings and policy
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§89-1 Statement of findings and policy. (a) The legislature finds that joint decision-making is the modern way of administering government. Where public employees have been granted the right to share in the decision-making process affecting wages and working conditions, they have…
HRS §89-10 Written agreements; enforceability; cost items
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§89-10 Written agreements; enforceability; cost items. (a) Any collective bargaining agreement reached between the employer and the exclusive representative shall be subject to ratification by the employees concerned, except for an agreement reached pursuant to an arbitration dec…
HRS §89-10.55 Charter school collective bargaining; bargaining unit; employer; exclusive representative
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§89-10.55 Charter school collective bargaining; bargaining unit; employer; exclusive representative. (a) Employees of charter schools shall be assigned to an appropriate bargaining unit as specified in section 89-6; provided that if a charter school employee's job description con…
HRS §89-10.6 Schools; waiver of policies, rules, or procedures
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§89-10.6 Schools; waiver of policies, rules, or procedures. Any school may initiate a waiver from policies, rules, or procedures, including collective bargaining agreements, as provided for in section 302A-1126. [L 1993, c 364, pt of §11; am L 1994, c 272, §23; am L 1996, c 89, §…
HRS §89-11 Resolution of disputes; impasses
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§89-11 Resolution of disputes; impasses. (a) A public employer and an exclusive representative may enter, at any time, into a written agreement setting forth an alternate impasse procedure culminating in an arbitration decision pursuant to subsection (f), to be invoked in the eve…
HRS §89-12 Strikes, rights and prohibitions
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§89-12 Strikes, rights and prohibitions. (a) It shall be unlawful for any employee to participate in a strike if the employee: (b) It shall be lawful for an employee, who is not prohibited from striking under subsection (a) and who is in the appropriate bargaining unit involved i…
HRS §89-13 Prohibited practices; evidence of bad faith
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§89-13 Prohibited practices; evidence of bad faith. (a) It shall be a prohibited practice for a public employer or its designated representative wilfully to: (b) It shall be a prohibited practice for a public employee or for an employee organization or its designated agent wilful…
HRS §89-14 Prevention of prohibited practices
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§89-14 Prevention of prohibited practices. Any controversy concerning prohibited practices may be submitted to the board in the same manner and with the same effect as provided in section 377-9; provided that the board shall have exclusive original jurisdiction over such a contro…
HRS §89-15 Financial reports to employees
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§89-15 Financial reports to employees. Every employee organization shall keep an adequate record of its financial transactions. It shall make available to all employees who pay the employee organization dues or its equivalent an annual financial report in the form of a balance sh…
HRS §89-16 Public records and proceedings
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§89-16 Public records and proceedings. The complaints, orders, and testimony relating to a proceeding instituted by the board under section 377-9 shall be public records and be available for inspection or copying. All proceedings pursuant to section 377-9 shall be open to the pub…
HRS §89-17 List of employee organizations and exclusive representatives
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§89-17 List of employee organizations and exclusive representatives. The board shall maintain a list of employee organizations. To be recognized as such and to be included in the list, an organization shall file with the board a statement of its name, the name and address of its …
HRS §89-18 Penalty
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§89-18 Penalty. Any person who wilfully assaults, resists, prevents, impedes, or interferes with any member of the board or any of its agents or employees in the performance of duties pursuant to this chapter, shall be fined not more than $500 or imprisoned not more than one year…
HRS §89-19 Chapter takes precedence, when
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§89-19 Chapter takes precedence, when. This chapter shall take precedence over all conflicting statutes concerning this subject matter and shall preempt all contrary local ordinances, executive orders, legislation, or rules adopted by the State, a county, or any department or age…
HRS §89-2 Definitions
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§89-2 Definitions. As used in this chapter: "Appropriate bargaining unit" means the unit designated to be appropriate for the purpose of collective bargaining pursuant to section 89-6. "Arbitration" means the procedure whereby parties involved in an impasse submit their differenc…
HRS §89-20 Chapter inoperative, when
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§89-20 Chapter inoperative, when. (a) If any provision of this chapter jeopardizes the receipt by the State or any county of any federal grant-in-aid or other federal allotment of money, the provision shall, insofar as the fund is jeopardized, be deemed to be inoperative. (b) The…
HRS §89-23 Classroom cleaning; exception
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§89-23 Classroom cleaning; exception. No collective bargaining agreement or executive policy put forth after July 1, 1993, shall contain provisions that may preclude the implementation of the classroom cleaning project established in section 302A-1507, unless a contract waiver pr…
HRS §89-3 Rights of employees
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§89-3 Rights of employees. Employees shall have the right of self-organization and the right to form, join, or assist any employee organization for the purpose of bargaining collectively through representatives of their own choosing on questions of wages, hours, and other terms a…
HRS §89-3.5 Religious exemption from support of employee organization
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§89-3.5 Religious exemption from support of employee organization. Notwithstanding any other provision of law to the contrary, any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historica…
HRS §89-4 Payroll deductions
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§89-4 Payroll deductions. (a) Upon receiving from an exclusive representative a written statement specifying the amount of regular dues required of its members in the appropriate bargaining unit, the employer shall deduct this amount from the payroll of every member employee in t…
HRS §89-5 Hawaii labor relations board
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§89-5 Hawaii labor relations board. (a) There is created a Hawaii labor relations board to ensure that collective bargaining is conducted in accordance with this chapter and that the merit principle under section 76-1 is maintained. (b) The board shall be composed of three member…
HRS §89-5.1 Hearing notice
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§89-5.1 Hearing notice. Notwithstanding section 91-9.5, in any hearing conducted by the board, all parties shall be given written notice of the hearing by first class mail or by electronic service through a company designated by the board at least fifteen days before the schedule…
HRS §89-6 Appropriate bargaining units
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§89-6 Appropriate bargaining units. (a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit: (b) Because of the nature of work involved and the essentiality of certain occupations that require specialized train…
HRS §89-7 Elections
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§89-7 Elections. (a) Whenever, in accordance with regulations as may be prescribed by the board pursuant to chapter 91, a petition is filed by an employee organization to determine whether or by which organization employees desire to be represented for the purpose of collective b…
HRS §89-8 Recognition and representation; employee participation
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§89-8 Recognition and representation; employee participation. (a) The employee organization that has been certified by the board as representing the majority of employees in an appropriate bargaining unit shall be the exclusive representative of all employees in the unit. As excl…
HRS §89-8.5 Negotiating authority; Hawaii health systems corporation
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§89-8.5 Negotiating authority; Hawaii health systems corporation. Notwithstanding any law to the contrary, including section 89-6(d), the Hawaii health systems corporation or any of the regional boards, as a sole employer negotiator, may negotiate with the exclusive representativ…
HRS §89-9 Scope of negotiations; consultation
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§89-9 Scope of negotiations; consultation. (a) The employer and the exclusive representative shall meet at reasonable times, including meetings sufficiently in advance of the February 1 impasse date under section 89-11, and shall negotiate in good faith with respect to wages, hou…