STAND. COM. REP. NO. 2099

Honolulu, Hawaii

RE:    S.B. No. 3038

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 3038 entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII LABOR RELATIONS BOARD,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Clarify that when selecting an appointee to serve as an acting member of the Hawaii Labor Relations Board during the temporary absence from the State, temporary inability to act, or illness of any regular member, the Governor shall first consider persons included on a list of names submitted by employee organizations if the regular member is the representative of labor; and

     (2)  Require that all parties to a hearing before the Hawaii Labor Relations Board be provided written notice of a hearing by first class mail or by electronic service through a company designated by the board.

     Your Committee received testimony in support of this measure from the Hawaii Labor Relations Board.

     Your Committee finds that this measure clarifies that an employee organization is allowed to submit names to the Governor for consideration if a regular Hawaii Labor Relations Board member who is temporarily unable to serve is the representative of labor, rather than a representative of management or labor.

     Your Committee further finds that existing law requires that all parties to a Hawaii Labor Relations Board hearing be provided written notice by first class mail.  The Hawaii Labor Relations Board testified that beginning on February 17, 2014, the board plans to offer an electronic filing service to parties.  Parties who register with this service agree to be served electronically through this system, while parties who do not register will be served by first class mail.  This measure effectuates under law the board's plans to serve notice electronically, through a company that is designated by the board, to parties who wish to register with the electronic filing system.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3038 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair