Report Title:
Education; Principals; Collective Bargaining
Description:
Excludes principals from collective bargaining.
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THE SENATE |
S.B. NO. |
2560 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to principals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 89-6, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit:
(1) Nonsupervisory employees in blue-collar positions;
(2) Supervisory employees in blue-collar positions;
(3) Nonsupervisory employees in white-collar positions;
(4) Supervisory employees in white-collar positions;
(5) Teachers and other personnel of the department of education under the same salary schedule, including part-time employees working less than twenty hours a week who are equal to one-half of a full-time equivalent;
(6) Educational officers and other personnel of the department of education under the same salary schedule[;], excluding principals and vice-principals of public schools;
(7) Faculty of the University of Hawaii and the community college system;
(8) Personnel of the University of Hawaii and the community college system, other than faculty;
(9) Registered professional nurses;
(10) Institutional, health, and correctional workers;
(11) Firefighters;
(12) Police officers; and
(13) Professional and scientific employees, other than registered professional nurses.
Because of the nature of work involved and the essentiality of certain occupations that require specialized training, units (9) through (13) are designated as optional appropriate bargaining units. Employees in any of these optional units may vote either for separate units or for inclusion in their respective units (1) through (4). If a majority of the employees in any optional unit desire to constitute a separate appropriate bargaining unit, supervisory employees may be included in the unit by mutual agreement among supervisory and nonsupervisory employees within the unit; if supervisory employees are excluded, the appropriate bargaining unit for these supervisory employees shall be (2) or (4), as the case may be.
The compensation plans for blue-collar positions pursuant to section 77-5 and for white-collar positions pursuant to section 77-13, the salary schedules for teachers pursuant to section 302A-624 and for educational officers pursuant to section 302A-625, and the appointment and classification of faculty pursuant to sections 304-11 and 304-13, existing on July 1, 1970, shall be the bases for differentiating blue-collar from white-collar employees, professional from institutional, health and correctional workers, supervisory from nonsupervisory employees, teachers from educational officers, and faculty from nonfaculty. In differentiating supervisory from nonsupervisory employees, class titles alone shall not be the basis for determination, but, in addition, the nature of the work, including whether or not a major portion of the working time of a supervisory employee is spent as part of a crew or team with nonsupervisory employees, shall also be considered."
2. By amending subsection (c) to read:
"(c) No elected or appointed official, member of any board or commission, representative of a public employer, including the administrative officer, director, or chief of a state or county department or agency, or any major division thereof, as well as any first deputy, first assistant, legal counsel, and other top-level managerial and administrative personnel, secretary to top-level managerial and administrative personnel, individual concerned with confidential matters affecting employee-employer relations, part-time employee working less than twenty hours per week except part-time employees included in unit (5), temporary employee of three months' duration or less, employee of the executive office of the governor, household employee at Washington Place, employee of the executive office of the mayor, staff of the legislative branch of the State, employee of the executive office of the lieutenant governor, inmate, kokua, patient, ward or student of a state institution, student help, any commissioned and enlisted personnel of the Hawaii national guard, [or] staff of the legislative branches of the city and county of Honolulu and counties of Hawaii, Maui, and Kauai, except employees of the clerks' offices of said city and county and counties, or principal or vice-principal of a public school, shall be included in any appropriate bargaining unit or entitled to coverage under this chapter."
SECTION 2. Section 96 of Act 253, Session Laws of Hawaii 2000, is amended as follows:
1. By amending subsection (a) of section 89-6, Hawaii Revised Statutes, to read:
"(a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit:
(1) Nonsupervisory employees in blue collar positions;
(2) Supervisory employees in blue collar positions;
(3) Nonsupervisory employees in white collar positions;
(4) Supervisory employees in white collar positions;
(5) Teachers and other personnel of the department of education under the same pay schedule, including part-time employees working less than twenty hours a week who are equal to one-half of a full-time equivalent;
(6) Educational officers and other personnel of the department of education under the same pay schedule[;], excluding principals and vice-principals of public schools;
(7) Faculty of the University of Hawaii and the community college system;
(8) Personnel of the University of Hawaii and the community college system, other than faculty;
(9) Registered professional nurses;
(10) Institutional, health, and correctional workers;
(11) Firefighters;
(12) Police officers; and
(13) Professional and scientific employees, who cannot be included in any of the other bargaining units."
2. By amending subsection (f) of section 89-6, Hawaii Revised Statutes, to read:
"(f) The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:
(1) Elected or appointed official;
(2) Member of any board or commission;
(3) 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;
(4) Secretary to top-level managerial and administrative personnel under paragraph (3);
(5) Individual concerned with confidential matters affecting employee-employer relations;
(6) Part-time employee working less than twenty hours per week, except part-time employees included in unit (5);
(7) Temporary employee of three months' duration or less;
(8) Employee of the executive office of the governor or a household employee at Washington Place;
(9) Employee of the executive office of the lieutenant governor;
(10) Employee of the executive office of the mayor;
(11) Staff of the legislative branch of the State;
(12) Staff of the legislative branches of the counties, except employees of the clerks' offices of the counties;
(13) Any commissioned and enlisted personnel of the Hawaii national guard;
(14) Inmate, kokua, patient, ward or student of a state institution;
(15) Student help; [or]
(16) Staff of the Hawaii labor relations board[.]; or
(17) Principal or vice-principal of a public school."
SECTION 3. Section 302A-620, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There shall be established a classification/compensation appeals board within the department for administrative purposes. The appeals board shall be composed of three sitting members. One member shall be appointed by the board of education [and one]. One member shall be appointed by the exclusive bargaining unit representing educational officers[.]; provided that in cases of appeals involving principals and vice-principals, this member shall be appointed by the Hawaii labor relations board. The third member shall be appointed by the governor and shall serve as chairperson. No member shall be an employee of the department, a member of the board of education, or an employee of the organization representing educational officers. The appeals board shall sit as an appellate body on matters of classification/compensation. All decisions of the appeals board shall be by majority vote and be binding on both parties."
SECTION 4. Section 302A-621, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-621[]] Salary; assistant superintendents, district superintendents, deputy district superintendents[.], principals, and vice-principals. (a) The salaries of assistant superintendents, district superintendents, [and] deputy district superintendents, principals, and vice-principals shall be set by the board.
(b) Effective July 1, 1991, the salaries of deputy district superintendents shall be not less than $65,683 nor more than $72,886 a year."
SECTION 5. Section 302A-623, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-623[]] Salary ranges, educational officers. Salary ranges for educational officer positions of the department shall be determined by the board based on the position classification/compensation plan approved by the board. Salary ranges for educational officer positions, excluding principal and vice-principal positions, shall be subject to the requirements of sections 302A-625 and 302A-626."
SECTION 6. Section 302A-625, Hawaii Revised Statutes, is amended to read as follows:
"§302A-625 Educational officers' salary schedules. The salary schedule for all educational officers of the department, excluding principals and vice-principals, shall be negotiated pursuant to section 89-9."
SECTION 7.
Section 302A-626, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Teachers and educational officers who have served satisfactorily for three years in their maximum increment step or in any longevity step and who have complied with the other requirements of sections 302A-602 to 302A-640, and 302A-701, shall receive longevity step increases; provided that the board may grant principals and vice-principals longevity step increases more frequently than once every three years [pursuant to section 302A-625]."
SECTION 8.
Section 302A-631, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Principals and vice-principals at special needs schools shall be provided additional benefits by the department [pursuant to section 302A-625]. As used in this subsection, "special needs schools" means those schools having a relatively large proportion of students exhibiting low performance, as indicated by such factors as low standardized achievement test scores, a high retention rate, and a low graduation rate for the area."
SECTION 9.
Section 302A-703, Hawaii Revised Statutes, is amended as follows:1. By amending its title to read:
"[[]§302A-703[] Educational officers,] Principals, vice-principals, and educational officers; salary incentives."
2. By amending subsection (b) to read:
"(b) The department shall develop a definition of "exemplary" in consultation with the appropriate collective bargaining representative[.], if any.
Salary ranges and salary incentives for educational officer positions, excluding principal and vice-principal positions, shall be subject to the requirements of sections 302A-625 and 302A-626."
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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