§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 become more responsive and better able to exchange ideas and
information on operations with their administrators.  Accordingly, government
is made more effective.  The legislature further finds that the enactment of
positive legislation establishing guidelines for public employment relations is
the best way to harness and direct the energies of public employees eager to
have a voice in determining their conditions of work; to provide a rational
method for dealing with disputes and work stoppages; and to maintain a
favorable political and social environment.



(b)  The legislature declares that it is the
public policy of the State to promote harmonious and cooperative relations
between government and its employees and to protect the public by assuring
effective and orderly operations of government.  These policies are best
effectuated by:



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



(2)  Requiring public employers to negotiate with and
enter into written agreements with exclusive representatives on matters of
wages, 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 administer
the provisions of chapters 89 and 377. [L 1970, c 171, pt of §2; am L 1985, c
251, §2; am L 2000, c 253, §92]



 



Case Notes



 



  The broad policy statements within this section do not impose
binding duties or obligations upon any parties but, rather, provide a useful
guide for determining legislative intent and purpose; these statements,
therefore, do not implicate the prohibited practice provision of refusing or
failing 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 in
concert with policy and goals of collective bargaining, and constituted abuse
of discretion.  5 H. App. 533, 704 P.2d 917.