§89-10.55 Charter school collective bargaining; bargaining unit; employer; exclusive representative. (a) Employees of charter schools shall be assigned to an appropriate bargaining unit as specified in section 89-6; provided that if a charter school employee's job description contains the duties and responsibilities of an employee that could be assigned to more than one bargaining unit, the duties and responsibilities that are performed by the employee for the majority of the time, based on the employee's average workweek, shall be the basis of bargaining unit assignment for the employee.
(b) For the purpose of negotiating a collective bargaining agreement for charter school employees who are assigned to an appropriate bargaining unit, the employer shall be determined as provided in section 89-6(d).
(c) For the purpose of negotiating a memorandum of agreement or a supplemental agreement that only applies to employees of a charter school, the employer shall mean the governing board, subject to the conditions and requirements contained in the applicable sections of this chapter governing any memorandum of agreement or supplemental agreement.
(d) Negotiations over matters covered by this section shall be conducted between the employer and exclusive representative pursuant to this chapter. Cost items that are appropriated for and approved by the legislature and contained in a collective bargaining agreement, memorandum of agreement, or supplemental agreement covering, wholly or partially, employees in charter schools shall be allocated by the department of budget and finance to a charter school authorizer for distribution to the charter schools it authorizes. However, if the charter school authorizer deems it appropriate, the cost items may be funded from a charter school's existing allocation or other sources of revenue received by a charter school. [L 2006, c 298, §5; am L 2012, c 130, §6]
Structure Hawaii Revised Statutes
Title 7. Public Officers and Employees
89. Collective Bargaining in Public Employment
89-1 Statement of findings and policy.
89-3.5 Religious exemption from support of employee organization.
89-5 Hawaii labor relations board.
89-6 Appropriate bargaining units.
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.
89-10.6 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.
89-17 List of employee organizations and exclusive representatives.
89-19 Chapter takes precedence, when.