Hawaii Revised Statutes
89. Collective Bargaining in Public Employment
89-1 Statement of findings and policy.

§89-1 Statement of findings and policy. (a) The legislature finds that joint decision-making is the modern way of administering government. Where public employees have been granted the right to share in the decision-making process affecting wages and working conditions, they have become more responsive and better able to exchange ideas and information on operations with their administrators. Accordingly, government is made more effective. The legislature further finds that the enactment of positive legislation establishing guidelines for public employment relations is the best way to harness and direct the energies of public employees eager to have a voice in determining their conditions of work; to provide a rational method for dealing with disputes and work stoppages; and to maintain a favorable political and social environment.
(b) The legislature 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. These policies are best effectuated by:
(1) Recognizing the right of public employees to organize for the purpose of collective bargaining;
(2) Requiring public employers to negotiate with and enter into written agreements with exclusive representatives on matters of wages, hours, and other conditions of employment, while, at the same time, maintaining the merit principle pursuant to section 76-1; and
(3) Creating a labor relations board to administer the provisions of chapters 89 and 377. [L 1970, c 171, pt of §2; am L 1985, c 251, §2; am L 2000, c 253, §92]
Case Notes
The broad policy statements within this section do not impose binding duties or obligations upon any parties but, rather, provide a useful guide for determining legislative intent and purpose; these statements, therefore, do not implicate the prohibited practice provision of refusing or failing to comply with any provision of chapter 89, as set forth in §89-13(a)(7); thus, employee's claim that employer violated this section properly dismissed. 97 H. 528, 40 P.3d 930.
Order by Hawaii public employment relations board not in concert with policy and goals of collective bargaining, and constituted abuse of discretion. 5 H. App. 533, 704 P.2d 917.
Cited: 134 H. 489, 345 P.3d 155 (2015).
Discussed: 133 H. 188, 325 P.3d 600 (2014).

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 7. Public Officers and Employees

89. Collective Bargaining in Public Employment

89-1 Statement of findings and policy.

89-2 Definitions.

89-3 Rights of employees.

89-3.5 Religious exemption from support of employee organization.

89-4 Payroll deductions.

89-5 Hawaii labor relations board.

89-5.1 Hearing notice.

89-6 Appropriate bargaining units.

89-7 Elections.

89-8 Recognition and representation; employee participation.

89-8.5 Negotiating authority; Hawaii health systems corporation.

89-9 Scope of negotiations; consultation.

89-10 Written agreements; enforceability; cost items.

89-10.5 Collective bargaining and local school initiatives. Notwithstanding any other law to the contrary, any collective bargaining agreement concerning public school employees may include terms that would allow an employee to work a longer period e...

89-10.6 Schools; waiver of policies, rules, or procedures.

89-10.8 Resolution of disputes; grievances.

89-10.55 Charter school collective bargaining; bargaining unit; employer; exclusive representative.

89-11 Resolution of disputes; impasses.

89-12 Strikes, rights and prohibitions.

89-13 Prohibited practices; evidence of bad faith.

89-14 Prevention of prohibited practices.

89-15 Financial reports to employees.

89-16 Public records and proceedings.

89-16.5 Access to personal records by an employee organization.

89-16.6 Disclosure to an exclusive representative. (a) The appropriate government agencies shall, upon written request, disclose to an exclusive representative information relating to employees within their respective bargaining unit as follows: name...

89-17 List of employee organizations and exclusive representatives.

89-18 Penalty.

89-19 Chapter takes precedence, when.

89-20 Chapter inoperative, when.

89-23 Classroom cleaning; exception.