RELATING TO LEGISLATIVE EMPLOYEES.

HB1236

HOUSE OF REPRESENTATIVES

H.B. NO.

1236

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO LEGISLATIVE EMPLOYEES
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The
legislature finds that, pursuant to chapter 89, Hawaii Revised Statutes, joint
decision-making is the modern way of administering government.
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When public employees are granted the right
to share in the decision-making process affecting wages and working conditions,
they are more responsive and better able to exchange ideas and information on
operations with their administrators.
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Accordingly, government is made more effective.
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The legislature also 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.

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The legislature further finds that,
pursuant to chapter 22, Hawaii Revised Statutes, each house of the legislature
may, by appropriate rules, provide for permanent professional staffing for each
respective house.
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Persons appointed
shall perform and observe duties and responsibilities as may be assigned to
them, and they may be called to assist in the development and formulation of
policy.
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Persons appointed by each
respective house may, if so determined, serve as staff to committees during the
interim and during the regular sessions.
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Persons shall be appointed, removed, and compensated as provided in
rules of the respective houses.
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The
members of the permanent staff shall be entitled to every state employee
benefit and privilege.

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The legislature additionally finds that
persons in public employment have a constitutional right to organize for the
purpose of collective bargaining pursuant to article XIII, section 2, of the
Hawaii State Constitution.
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The
legislature enacted chapter 89, Hawaii Revised Statutes, to govern the
collective bargaining process.
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While
most public employees enjoy the rights, benefits, and privileges of the
constitutional right to collective bargaining, legislative staff at the Hawaii state
legislature are excluded from the protections of article XIII.

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According to a 2023 Time magazine article,
Maine has allowed nonpartisan legislative employees the right to unionize since
the late 1990s.
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In 2021, Oregon became
the first state in the nation to allow legislative staff to unionize, and California
granted its legislative staff the same right in 2023.
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Furthermore, similar legislation allowing
legislative staff to unionize has been introduced in several other states.

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Accordingly, the purpose of this Act is to
repeal the exclusion of legislative staff from chapter 89, Hawaii Revised
Statutes.
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The legislature notes that
this Act will allow legislative employees to choose whether they wish to
collectively bargain; it does not require it.

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SECTION
2
.
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Section 89-6, Hawaii Revised Statutes, is
amended as follows:

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1.
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By amending subsection (d) to read:

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"(d)
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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:

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(1)
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For bargaining units (1), (2), (3),
(4), (9), (10), (13), (14), and (15), the governor shall have six votes and the
mayors, the chief justice,
the president of the senate, the speaker of the
house of representatives,
and the Hawaii health systems corporation board
shall each have one vote if they have employees in the particular bargaining
unit;

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

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(3)
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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; and

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(4)
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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.
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In that case,
the simple majority shall include at least one county."

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2.
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By amending subsection (f) to read:

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

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(1)
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Elected or appointed official;

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(2)
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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 governing board of a charter school, on the
state public charter school commission, or as a charter school authorizer
established under chapter 302D;

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(3)
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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;

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

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

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

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

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

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

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

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

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(12)
]

(11)
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Staff of the legislative branches of
the counties, except employees of the clerks' offices of the counties;

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[
(13)
]

(12)
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Any commissioned and enlisted
personnel of the Hawaii national guard;

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[
(14)
]

(13)
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Inmate, kokua, patient, ward, or
student of a state institution;

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[
(15)
]

(14)
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Student help;

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[
(16)
]

(15)
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Staff of the Hawaii labor relations
board;

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[
(17)
]

(16)
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Employees of the Hawaii national guard
youth challenge academy; or

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[
(18)
]

(17)
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Employees of the office of elections."

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SECTION 3.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Legislative
Staff; Public Employees; Collective Bargaining; Repeal

Description:

Repeals
staff of the legislative branch of the State from the list of individuals not
included in any appropriate bargaining unit.
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Specifies that the President of the Senate and the Speaker of the House
of Representatives shall each have one vote if they have employees in a
particular bargaining unit for the purposes of negotiating a collective
bargaining agreement.
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The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.