REPORT TITLE:
Civil Service; Bumping


DESCRIPTION:
Prohibits one employee from displacing or "bumping" another
employee, during a layoff due to lack of work or lack of funds,
based on length of service.  Excludes procedures governing the
layoff of employees from the subjects of negotiations between
public employers and employee unions.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1799
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CIVIL SERVICE REFORM.



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

 1      SECTION 1.  Section 76-25, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  Whenever a regular employee has been laid off because
 
 4 the employee's position has been abolished due to lack of work or
 
 5 funds [or because the employee was displaced by another employee
 
 6 because of reduction-in-force], the employee shall have the right
 
 7 to have the employee's name placed on appropriate recall lists
 
 8 and be deemed eligible for certification to positions in the
 
 9 class in which the employee last held permanent status or in a
 
10 related class in the same or lower grade for which the employee
 
11 meets the qualification requirements."
 
12      SECTION 2.  Section 76-43, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "§76-43  Layoff.  [Rules and regulations shall be
 
15 promulgated by the] (a)  The director of human resources
 
16 development [to govern] shall establish objective criteria and
 
17 uniform procedures governing the conditions under which an
 
18 employee is to be released from the employee's position due to
 
19 lack of work or lack of funds.
 

 
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 1      (b)  The criteria and procedures in subsection (a):
 
 2      (1)  Shall not be based on length of service;
 
 3      (2)  Shall not allow one employee to displace another
 
 4           employee based on length of service;
 
 5      (3)  Shall not be subject to the public notice and hearing
 
 6           requirements of chapter 91; and
 
 7      (4)  May be based on merit principles.
 
 8      (c)  Notwithstanding chapter 89 or any collective bargaining
 
 9 agreement to the contrary, the director of human resources
 
10 development shall not be required to consult with, or obtain the
 
11 concurrence of, the exclusive representative of a public employee
 
12 organization in order to carry out the purposes of this section.
 
13      (d)  In the event of a conflict between this section and
 
14 chapter 89 or any collective bargaining agreement, this section
 
15 shall control."
 
16      SECTION 3.  Section 89-9, Hawaii Revised Statutes, is
 
17 amended by amending subsection (d) to read as follows:
 
18      "(d)  Excluded from the subjects of negotiations are matters
 
19 of classification and reclassification, procedures governing the
 
20 layoff of employees, benefits of but not contributions to the
 
21 Hawaii public employees health fund, retirement benefits except
 
22 as provided in section 88-8(h), and the salary ranges now
 
23 provided by law; provided that the number of incremental and
 

 
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 1 longevity steps, the amount of wages to be paid in each range and
 
 2 step, and movement between steps within the salary range shall be
 
 3 negotiable.  The employer and the exclusive representative shall
 
 4 not agree to any proposal which would be inconsistent with merit
 
 5 principles or the principle of equal pay for equal work pursuant
 
 6 to sections 76-1, 76-2, 77-31, and 77-33, or which would
 
 7 interfere with the rights of a public employer to (1) direct
 
 8 employees; (2) determine qualification, standards for work, the
 
 9 nature and contents of examinations, hire, promote, transfer,
 
10 assign, and retain employees in positions and suspend, demote,
 
11 discharge, or take other disciplinary action against employees
 
12 for proper cause; (3) relieve an employee from duties because of
 
13 lack of work or other legitimate reason; (4) maintain efficiency
 
14 of government operations; (5) determine methods, means, and
 
15 personnel by which the employer's operations are to be conducted;
 
16 and take such actions as may be necessary to carry out the
 
17 missions of the employer in cases of emergencies; provided that
 
18 the employer and the exclusive representative may negotiate
 
19 procedures governing the promotion and transfer of employees to
 
20 positions within a bargaining unit, and procedures governing the
 
21 suspension, demotion, discharge or other disciplinary actions
 
22 taken against employees[, and procedures governing the layoff of
 
23 employees]; provided further that violations of the procedures so
 

 
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 1 negotiated may be the subject of a grievance process agreed to by
 
 2 the employer and the exclusive representative."
 
 3      SECTION 4.  This Act shall not be applied so as to impair
 
 4 any collective bargaining agreement existing as of the effective
 
 5 date of this Act in a manner violative of either the Hawaii
 
 6 Constitution or Article I, section 10, of the United States
 
 7 Constitution.
 
 8      SECTION 5.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 6.  This Act shall take effect upon its approval.
 
11 
 
12                           INTRODUCED BY:_________________________