THE SENATE |
S.B. NO. |
2715 |
THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO UNFAIR LABOR PRACTICES.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 377-6, Hawaii Revised Statutes, is amended to read as follows:
"§377-6
Unfair labor practices of employers.
It shall be an unfair labor practice for an employer individually or in
concert with others[:] to:
(1) [To interfere] Interfere
with, restrain, or coerce the employer's employees in the exercise of the
rights guaranteed in section 377-4;
(2) [To initiate,] Initiate,
create, dominate, or interfere with the formation or administration of any
labor organization or contribute financial support to it[, but];
provided that an employer shall not be prohibited from reimbursing
employees at their prevailing wage rate for time spent conferring with the
employer, nor from cooperating with representatives of at least a majority of
the employer's employees in a collective bargaining unit, at their request, by
permitting employee organizational activities on employer premises or the use
of employer facilities where the activities or use create no additional expense
to the employer;
(3) [To encourage] Encourage
or discourage membership in any labor organization by discrimination in regard
to hiring, tenure, or other terms or conditions of employment[. An employer, however,]; provided that
an employer may enter into an all-union agreement with the bargaining
representative of the employer's employees in a collective bargaining unit,
unless the board has certified that at least a majority of the employees have
voted to rescind the authority of their bargaining representative to negotiate
[such] the all-union agreement within one year preceding the date
of the agreement. No employer shall
justify any discrimination against any employee for nonmembership in a labor
organization if the employer has reasonable grounds for believing that:
(A) [Such membership] Membership
was not available to the employee on the same terms and conditions generally
applicable to other members; or
(B) [Or that membership] Membership
was denied or terminated for reasons other than the failure of the employee to
tender periodic dues and the initiation fees uniformly required as a condition
for acquiring or retaining membership;
(4) [To refuse] Refuse to
bargain collectively with the representative of a majority of the employer's
employees in any collective bargaining unit; provided that if the
employer has good faith doubt that a union represents a majority of the
employees, the employer may file a representation petition for an election and
shall not be deemed guilty of refusal to bargain;
(5) [To bargain] Bargain
collectively with the representatives of less than a majority of the employer's
employees in a collective bargaining unit, or to enter into an all-union
agreement except in the manner provided in paragraph (3);
(6) [To violate] Violate the
terms of a collective bargaining agreement;
(7) [To refuse] Refuse or
fail to recognize or accept as conclusive of any issue in any controversy as to
employment relations the final determination of the board or of any tribunal of
competent jurisdiction;
(8) [To discharge] Discharge
or otherwise discriminate against an employee because the employee has filed
charges or given information or testimony under the provisions of this chapter;
(9) [To deduct] Deduct labor
organization dues or assessments from an employee's earnings, unless the
employer has been presented with an individual order therefor, signed by the
employee personally;
(10) [To employ] Employ any
person to spy upon employees or their representatives respecting their exercise
of any right created or approved by this chapter;
(11) [To make,] Make,
circulate, or cause to be circulated a blacklist;
(12) [To offer] Offer or grant
permanent employment to an individual for performing work as a replacement for
a bargaining unit member during a labor dispute; [or]
(13) Based on employment or willingness to
be employed during a labor dispute, [to] give employment preference to
one person over another who:
(A) Was an employee at the commencement of the dispute;
(B) Exercised the right to join, assist, or engage in lawful collective bargaining or mutual aid or protection through the labor organization engaged in the dispute; and
(C) Continues to work for or has
unconditionally offered to return to work for the employer[.]; or
(14) Discharge,
discipline, or otherwise penalize or threaten any adverse employment action
against an employee because the employee declines to:
(A) Attend or participate in an
employer-sponsored meeting, or any portion of a meeting, that communicates the
opinion of the employer about political matters; or
(B) Receive or listen to a communication
from the employer that communicates the opinion of the employer about political
matters;
provided
that this paragraph shall not limit the rights of an employer to conduct
meetings or to engage in communications involving political matters as long as
attendance by the employees is wholly voluntary.
For
purposes of this paragraph:
"Employee" has the same meaning as defined in section 377-1; provided that "employee" includes any individual employed in the domestic service of a family or person at the family's or person's home; any individual employed by the individual's parent or spouse; any individual employed in an executive or supervisory capacity; any individual employed by any employer employing less than two individuals; or any individual subject to the jurisdiction of the federal Railway Labor Act or the National Labor Relations Act, as amended from time to time.
"Political
matters" means anything related to an attempt to influence a future vote
by persons in an audience."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Unfair Labor Practices; Meetings; Political Matters; Prohibition
Description:
Makes it unlawful
for an employer to discharge, discipline, or otherwise penalize or threaten any
adverse employment action against an employee because the employee declines to
attend or participate in an employer-sponsored meeting that communicates the
opinion of the employer about political matters, or declines to receive or
listen to a communication from the employer that communicates the opinion of
the employer about political matters.
Defines "employee" and "political matters". (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.