§89-2  Definitions.  As used in thischapter:

"Appropriate bargaining unit" meansthe unit designated to be appropriate for the purpose of collective bargainingpursuant to section 89-6.

"Arbitration" means the procedurewhereby parties involved in an impasse submit their differences to a thirdparty, whether a single arbitrator or an arbitration panel, for an arbitrationdecision.  It may include mediation whereby the neutral third party isauthorized to assist the parties in a voluntary resolution of the impasse.

"Board" means the Hawaii laborrelations board created pursuant to section 89-5.

"Collective bargaining" means theperformance of the mutual obligations of the public employer and an exclusiverepresentative to meet at reasonable times, to confer and negotiate in goodfaith, and to execute a written agreement with respect to wages, hours, amountsof contributions by the State and counties to the Hawaii public employeeshealth fund, and other terms and conditions of employment, except that by anysuch obligation neither party shall be compelled to agree to a proposal, or berequired to make a concession.  For the purposes of this definition,"wages" includes the number of incremental and longevity steps, thenumber of pay ranges, and the movement between steps within the pay range andbetween the pay ranges on a pay schedule under a collective bargainingagreement.

"Cost items" means all items agreedto in the course of collective bargaining that an employer cannot absorb underits customary operating budgetary procedures and that require additionalappropriations by its respective legislative body for implementation.

"Day" means a calendar day unlessotherwise specified.

"Employee" or "publicemployee" [Repeal and reenactment on July 1, 2010.  L Sp 2008, c 5, §1.]means any person employed by a public employer, except elected andappointed officials and other employees who are excluded from coverage insection 89-6(g).

"Employee organization" [Repealand reenactment on July 1, 2010.  L Sp 2008, c 5, §1.] means anyorganization of any kind in which public employees participate and which existsfor the primary purpose of dealing with public employers concerning grievances,labor disputes, wages, hours, amounts of contributions by the State and countiesto the Hawaii employer-union health benefits trust fund or a voluntaryemployees' beneficiary association trust, and other terms and conditions ofemployment of public employees.

"Employer" or "publicemployer" means the governor in the case of the State, the respectivemayors in the case of the counties, the chief justice of the supreme court inthe case of the judiciary, the board of education in the case of the departmentof education, the board of regents in the case of the University of Hawaii, theHawaii health systems corporation board in the case of the Hawaii healthsystems corporation, and any individual who represents one of these employersor acts in their interest in dealing with public employees.  In the case of thejudiciary, the administrative director of the courts shall be the employer inlieu of the chief justice for purposes which the chief justice determines wouldbe prudent or necessary to avoid conflict.

"Exclusive representative" means theemployee organization certified by the board under section 89-8 as thecollective bargaining agent to represent all employees in an appropriatebargaining unit without discrimination and without regard to employeeorganization membership.

"Impasse" means failure of a publicemployer and an exclusive representative to achieve agreement in the course ofcollective bargaining.  It includes any declaration of an impasse under section89-11.

"Jurisdiction" means the State, thecity and county of Honolulu, the county of Hawaii, the county of Maui, thecounty of Kauai, the judiciary, and the Hawaii health systems corporation.

"Legislative body" means thelegislature in the case of the State, including the judiciary, the departmentof education, the University of Hawaii, and the Hawaii health systemscorporation; the city council, in the case of the city and county of Honolulu;and the respective county councils, in the case of the counties of Hawaii,Maui, and Kauai.

"Mediation" means assistance by aneutral third party to resolve an impasse between the public employer and theexclusive representative through interpretation, suggestion, and advice.

"Strike" means a public employee'srefusal, in concerted action with others, to report for duty, or the employee'swilful absence from the employee's position, or the employee's stoppage ofwork, or the employee's abstinence in whole or in part from the full, faithful,and proper performance of the duties of employment, for the purpose ofinducing, influencing, or coercing a change in the conditions, compensation,rights, privileges, or obligations of public employment; and except in the caseof absences authorized by public employers, includes such refusal, absence,stoppage, or abstinence by any public employee out of sympathy or support forany other public employee who is on strike or because of the presence of anypicket line maintained by any other public employee; provided that, nothingherein shall limit or impair the right of any public employee to express orcommunicate a complaint or opinion on any matter related to the conditions ofemployment. [L 1970, c 171, pt of §2; am L 1977, c 159, §16; am L 1980, c 252,§1; am L 1981, c 180, §2; am L 1984, c 254, §3; am L 1985, c 251, §3; gen ch1985; am L 2000, c 253, §93; am L 2001, c 90, §8; am L 2002, c 232, §5; am L2005, c 245, §§3, 8; am L 2007, c 294, §2]

 

Note

 

  In definition of "collective bargaining", referenceis made to "Hawaii public employees health fund" which is repealedchapter 87.  For current provisions, see chapter 87A.

 

Revision Note

 

  Numeric designations deleted and definitions rearranged.

 

Attorney General Opinions

 

  Cost items are those that require new or additionalappropriation for implementation.  Att. Gen. Op. 72-10.

 

Case Notes

 

  Dates upon which plaintiffs were paid not a "costitem" as that term is defined in this section.  125 F. Supp. 2d 1237.

  "Impasse" means failure after good-faithnegotiations.  56 H. 85, 528 P.2d 809.

  Though designated as an "incumbent" employee,plaintiff was "essential employee" where plaintiff:  (1) receivednotice by same means as essential employee; (2) was prohibited from striking;and (3) was subject to discipline for not working if scheduled to work during astrike.  87 H. 191, 953 P.2d 569.

  Where plaintiffs failed to demonstrate that bargaining overpay dates was one of the core subjects of collective bargaining that triggers aviolation of article XIII, §2 of the Hawaii constitution, and failed to providethe supreme court with their collective bargaining agreement to support their contentionthat pay dates are bargainable, and these pay dates were not specificallyincorporated into their contract, the Act 355, Session Laws of Hawaii 1997amendment to §78-13 to unilaterally alter the "traditional practice"of being paid on the fifteenth day and last day of the month did not violatetheir right to collectively bargain pay periods.  111 H. 168, 140 P.3d 401.