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HB1655
HOUSE OF REPRESENTATIVES
H.B. NO.
1655
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to public employment
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
�
Section 89-9, Hawaii Revised Statutes, is
amended by amending subsection (d) to read as follows:
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"(d)
�
Excluded from the subjects of negotiations are matters of
classification, reclassification, benefits of but not contributions to the
Hawaii employer-union health benefits trust fund, recruitment, examination,
and
initial pricing[
, and retirement benefits except as provided in section
88-8(h)
].
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The employer and the
exclusive representative shall not agree to any proposal that would be
inconsistent with the merit principle or the principle of equal pay for equal
work pursuant to section 76-1 or that would interfere with the rights and
obligations of a public employer to:
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(1)
�
Direct
employees;
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(2)
�
Determine
qualifications, standards for work, and the nature and contents of
examinations;
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(3)
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Hire,
promote, transfer, assign, and retain employees in positions;
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(4)
�
Suspend,
demote, discharge, or take other disciplinary action against employees for
proper cause;
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(5)
�
Relieve
an employee from duties because of lack of work or other legitimate reason;
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(6)
�
Maintain
efficiency and productivity, including maximizing the use of advanced
technology, in government operations;
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(7)
�
Determine
methods, means, and personnel by which the employer's operations are to be
conducted; and
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(8)
�
Take
actions as may be necessary to carry out the missions of the employer in cases
of emergencies.
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This
subsection shall not be used to invalidate provisions of collective bargaining
agreements in effect on and after June 30, 2007, and except as otherwise
provided in this chapter, shall not preclude negotiations over the
implementation of management decisions that affect terms and conditions of
employment that are subject to collective bargaining.
�
Further, this subsection shall not preclude
negotiations over the procedures and criteria on promotions, transfers,
assignments, demotions, layoffs, suspensions, terminations, discharges, or
other disciplinary actions as subjects of bargaining during collective
bargaining negotiations or negotiations over a memorandum of agreement,
memorandum of understanding, or other supplemental agreement; provided that [
such
]
this
obligation shall not compel either party to agree to a proposal or
make a concession.
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Violations of the procedures and criteria [
so
]
negotiated may be subject to the grievance procedure in the collective
bargaining agreement."
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SECTION 2.
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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 3.
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This Act shall take effect on July 1, 2026.
INTRODUCED BY:
_____________________________
Report Title:
Collective
Bargaining; Scope of Negotiations; Exclusions; Retirement Benefits
Description:
Allows
public employers and exclusive representatives of bargaining units to negotiate
certain retirement benefits.
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not legislation or evidence of legislative intent.