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

(1)  Nonsupervisory employees in blue collarpositions;

(2)  Supervisory employees in blue collar positions;

(3)  Nonsupervisory employees in white collarpositions;

(4)  Supervisory employees in white collar positions;

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

(6)  Educational officers and other personnel of thedepartment 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 cannotbe included in any of the other bargaining units.

(b)  Because of the nature of the work involvedand 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 eachjurisdiction shall be the bases for differentiating blue collar from whitecollar employees, professional from institutional, health and correctionalworkers, supervisory from nonsupervisory employees, teachers from educationalofficers, and faculty from nonfaculty.  In differentiating supervisory fromnonsupervisory employees, class titles alone shall not be the basis fordetermination.  The nature of the work, including whether a major portion ofthe working time of a supervisory employee is spent as part of a crew or teamwith nonsupervisory employees, shall be considered also.

(d)  For the purpose of negotiating acollective bargaining agreement, the public employer of an appropriatebargaining 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 chiefjustice, and the Hawaii health systems corporation board shall each have onevote if they have employees in the particular bargaining unit;

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

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

(4)  For bargaining units (7) and (8), the governorshall 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 applicableemployer group shall be on the basis of simple majority, except when abargaining unit includes county employees from more than one county.  In suchcase, the simple majority shall include at least one county.

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

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

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

(1)  Elected or appointed official;

(2)  Member of any board or commission; provided thatnothing in this paragraph shall prohibit a member of a collective bargainingunit from serving on a local school board of a charter school or the charterschool review panel established under chapter 302B;

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

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

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

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

(7)  Temporary employee of three months' duration orless;

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

(9)  Employee of the executive office of thelieutenant 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 thecounties, 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 astate institution;

(15)  Student help;

(16)  Staff of the Hawaii labor relations board;

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

(18)  Employee of the office of elections.

(h)  Where any controversy arises under thissection, the board, pursuant to chapter 91, shall make an investigation and,after a hearing upon due notice, make a final determination on theapplicability 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, c38, §32 and c 298, §7; am L 2007, c 115, §3 and c 294, §2]

 

Note

 

  For amendments exempted from the repeal and reenactmentcondition placed on this section by L 2005, c 245, §8, as amended by L 2007, c294, §2, see L 2006, c 38, §32 and c 298, §25; L 2007, c 115, §16; L 2008, c16, §18.