§89-6  Appropriate bargaining units.  [Repeal
and reenactment on July 1, 2010.  L Sp 2008, c 5, §1.]  (a)  All
employees throughout the State within any of the following categories shall
constitute an appropriate bargaining unit:



(1)  Nonsupervisory employees in blue collar
positions;



(2)  Supervisory employees in blue collar positions;



(3)  Nonsupervisory employees in white collar
positions;



(4)  Supervisory employees in white collar positions;



(5)  Teachers and other personnel of the department of
education under the same pay schedule, including part-time employees working
less than twenty hours a week who are equal to one-half of a full-time
equivalent;



(6)  Educational officers and other personnel of the
department of education under the same pay schedule;



(7)  Faculty of the University of Hawaii and the community college system;



(8)  Personnel of the University of Hawaii and the community college system, other than faculty;



(9)  Registered professional nurses;



(10)  Institutional, health, and correctional workers;



(11)  Firefighters;



(12)  Police officers; and



(13)  Professional and scientific employees, who cannot
be included in any of the other bargaining units.



(b)  Because of the nature of the work involved
and the essentiality of certain occupations that require specialized training,
supervisory employees who are eligible for inclusion in bargaining units (9)
through (13) shall be included in bargaining units (9) through (13),
respectively, instead of bargaining unit (2) or (4).



(c)  The classification systems of each
jurisdiction shall be the bases for differentiating blue collar from white
collar employees, professional from institutional, health and correctional
workers, supervisory from nonsupervisory employees, teachers from educational
officers, and faculty from nonfaculty.  In differentiating supervisory from
nonsupervisory employees, class titles alone shall not be the basis for
determination.  The nature of the work, including whether a major portion of
the working time of a supervisory employee is spent as part of a crew or team
with nonsupervisory employees, shall be considered also.



(d)  For the purpose of negotiating a
collective bargaining agreement, the public employer of an appropriate
bargaining unit shall mean the governor together with the following employers:



(1)  For bargaining units (1), (2), (3), (4), (9),
(10), and (13), the governor shall have six votes and the mayors, the chief
justice, and the Hawaii health systems corporation board shall each have one
vote if they have employees in the particular bargaining unit;



(2)  For bargaining units (11) and (12), the governor
shall have four votes and the mayors shall each have one vote;



(3)  For bargaining units (5) and (6), the governor
shall have three votes, the board of education shall have two votes, and the
superintendent of education shall have one vote;



(4)  For bargaining units (7) and (8), the governor
shall have three votes, the board of regents of the University of Hawaii shall have two votes, and the president of the University of Hawaii shall have one vote.



Any decision to be reached by the applicable
employer group shall be on the basis of simple majority, except when a
bargaining unit includes county employees from more than one county.  In such
case, the simple majority shall include at least one county.



(e)  In addition to a collective bargaining
agreement under subsection (d), each employer may negotiate, independently of
one another, supplemental agreements that apply to their respective employees;
provided that any supplemental agreement reached between the employer and the
exclusive representative shall not extend beyond the term of the applicable
collective bargaining agreement and shall not require ratification by employees
in the bargaining unit.



(f)  For the purposes of negotiating
contributions by the State and the counties to a voluntary employees'
beneficiary association trust as part of a collective bargaining agreement, all
prospective retirees who retire on or after July 1, 2005, shall be considered
members of the bargaining unit to which they belonged immediately prior to
their retirement from the State or the counties.



(g)  The following individuals shall not be
included in any appropriate bargaining unit or be entitled to coverage under
this chapter:



(1)  Elected or appointed official;



(2)  Member of any board or commission; provided that
nothing in this paragraph shall prohibit a member of a collective bargaining
unit from serving on a local school board of a charter school or the charter
school review panel established under chapter 302B;



(3)  Top-level managerial and administrative
personnel, including the department head, deputy or assistant to a department
head, administrative officer, director, or chief of a state or county agency or
major division, and legal counsel;



(4)  Secretary to top-level managerial and
administrative personnel under paragraph (3);



(5)  Individual concerned with confidential matters
affecting employee-employer relations;



(6)  Part-time employee working less than twenty hours
per week, except part-time employees included in bargaining unit (5);



(7)  Temporary employee of three months' duration or
less;



(8)  Employee of the executive office of the governor
or a household employee at Washington Place;



(9)  Employee of the executive office of the
lieutenant governor;



(10)  Employee of the executive office of the mayor;



(11)  Staff of the legislative branch of the State;



(12)  Staff of the legislative branches of the
counties, except employees of the clerks' offices of the counties;



(13)  Any commissioned and enlisted personnel of the Hawaii national guard;



(14)  Inmate, kokua, patient, ward, or student of a
state institution;



(15)  Student help;



(16)  Staff of the Hawaii labor relations board;



(17)  Employee of the Hawaii national guard youth
challenge academy; or



(18)  Employee of the office of elections.



(h)  Where any controversy arises under this
section, the board, pursuant to chapter 91, shall make an investigation and,
after a hearing upon due notice, make a final determination on the
applicability of this section to specific individuals, employees, or positions.
[L 1970, c 171, pt of §2; am L 1973, c 36, §1; am L 1975, c 162, §1; am L 1976,
c 13, §1; am L 1977, c 191, §1; am L 1987, c 184, §1 and c 311, §1; am L 1988,
c 394, §1 and c 399, §2; gen ch 1993; am L 1996, c 89, §5; am L 2000, c 253,
§96; am L 2002, c 65, §4; am L 2005, c 202, §3 and c 245, §§5, 8; am L 2006, c
38, §32 and c 298, §7; am L 2007, c 115, §3 and c 294, §2]



 



Note



 



  For amendments exempted from the repeal and reenactment
condition placed on this section by L 2005, c 245, §8, as amended by L 2007, c
294, §2, see L 2006, c 38, §32 and c 298, §25; L 2007, c 115, §16; L 2008, c
16, §18.