Vetoed by Governor Linda Lingle

Vote Smart's Synopsis:

Vote to pass a bill that provides an alternative method for employees to appoint a representative in a collective bargaining unit, other than a secret ballot election, with a petition that must be signed by a majority of the employees.

Highlights:

-Requires both parties to commence negotiations within 10 days of a written request for collective bargaining being issued and make "every reasonable effort" to establish a collective bargaining agreement within 90 days, unless additional time is agreed upon by both parties, or otherwise notify the Hawaii Labor Relations Board and request conciliation (Sec. 1). -Requires the Hawaii Labor Relations Board to refer the dispute to an arbitration panel if an agreement is not reached within 20 days, unless additional time is agreed upon by both parties, who will render a decision settling the dispute effective for a period of two years, unless amended during that period by written consent of both parties (Sec. 1). -Relies upon the arbitration panel established by existing law, consisting of one representative from both parties and a neutral third member serving as a chairperson selected by mutual agreement of both parties, unless an agreement is not reached, at which point the American Arbitration Association will provide a list of five potential arbitrators in which both parties will be required to select one by mutual agreement (Sec. 1). -Establishes a violation for employers who willfully or repeatedly commit unfair or prohibited practices that interfere with the statutory rights of employees or discriminate against employees for the exercise of protected conduct, punishable by a fine of up to $20,000 for each violation to be determined by the Hawaii Labor Relations Board (Sec. 2). -Requires the Hawaii Labor Relations Board to develop guidelines and procedures for the designation of a collective bargaining representative, which must include model collective bargaining authorization language on the petition and procedures to be used by the Hawaii Labor Relations Board in determining the validity of the signatures on the petition (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that provides an alternative method for employees to appoint a representative in a collective bargaining unit, other than a secret ballot election, with a petition that must be signed by a majority of the employees.

Highlights:

-Requires both parties to commence negotiations within 10 days of a written request for collective bargaining being issued and make "every reasonable effort" to establish a collective bargaining agreement within 90 days, unless additional time is agreed upon by both parties, or otherwise notify the Hawaii Labor Relations Board and request conciliation (Sec. 1). -Requires the Hawaii Labor Relations Board to refer the dispute to an arbitration panel if an agreement is not reached within 20 days, unless additional time is agreed upon by both parties, who will render a decision settling the dispute effective for a period of two years, unless amended during that period by written consent of both parties (Sec. 1). -Relies upon the arbitration panel established by existing law, consisting of one representative from both parties and a neutral third member serving as a chairperson select by mutual agreement of the parties, unless an agreement is not reached, at which point the American Arbitration Association will provide a list of five potential arbitrators in which the parties will be required to select one by mutual agreement (Sec. 1).

Full Bill Text