§89-1  Statement of findings and policy. (a)  The legislature finds that joint decision-making is the modern way ofadministering government.  Where public employees have been granted the rightto share in the decision-making process affecting wages and working conditions,they have become more responsive and better able to exchange ideas andinformation on operations with their administrators.  Accordingly, governmentis made more effective.  The legislature further finds that the enactment ofpositive legislation establishing guidelines for public employment relations isthe best way to harness and direct the energies of public employees eager tohave a voice in determining their conditions of work; to provide a rationalmethod for dealing with disputes and work stoppages; and to maintain afavorable political and social environment.

(b)  The legislature declares that it is thepublic policy of the State to promote harmonious and cooperative relationsbetween government and its employees and to protect the public by assuringeffective and orderly operations of government.  These policies are besteffectuated by:

(1)  Recognizing the right of public employees toorganize for the purpose of collective bargaining;

(2)  Requiring public employers to negotiate with andenter into written agreements with exclusive representatives on matters ofwages, hours, and other conditions of employment, while, at the same time,maintaining the merit principle pursuant to section 76-1; and

(3)  Creating a labor relations board to administerthe provisions of chapters 89 and 377. [L 1970, c 171, pt of §2; am L 1985, c251, §2; am L 2000, c 253, §92]

 

Case Notes

 

  The broad policy statements within this section do not imposebinding duties or obligations upon any parties but, rather, provide a usefulguide for determining legislative intent and purpose; these statements,therefore, do not implicate the prohibited practice provision of refusing orfailing to comply with any provision of chapter 89, as set forth in §89-13(a)(7);thus, employee's claim that employer violated this section properly dismissed. 97 H. 528, 40 P.3d 930.

  Order by Hawaii public employment relations board not inconcert with policy and goals of collective bargaining, and constituted abuseof discretion.  5 H. App. 533, 704 P.2d 917.