SB717 amends Hawaii’s collective bargaining law governing grievance procedures for public employees. The bill revises section 89-10.8 of the Hawaii Revised Statutes to remove the existing prohibition that prevented certain employees exempt from civil service law, and who serve at the pleasure of the appointing authority, from grieving a suspension or discharge unless a collective bargaining agreement specifically allowed it. Under the bill, any employee who is a member of an appropriate bargaining unit would be allowed to grieve a suspension or discharge.
The measure also preserves the general requirement that public employers and exclusive representatives maintain a written grievance procedure culminating in a final and binding decision for disputes over interpretation or application of a written agreement. It leaves intact the rule that disputes over the terms of an initial or renewed agreement are not grievances, and it continues to require a performance judge for final and binding decisions in cases involving adverse actions based on failure to meet performance requirements. The bill is set to take effect on July 1, 3000, which functions as a far-future effective date rather than an immediate policy change.
Impact
SB717 would broaden grievance rights for public employees in Hawaii by allowing bargaining-unit members, including some employees previously excluded because they were exempt from chapter 76 civil service protections, to challenge suspensions or discharges through the contractual grievance process. This changes section 89-10.8 of the Hawaii Revised Statutes and narrows the category of employees who can be barred from grieving disciplinary actions. Public employers, unions, and affected exempt employees would be directly impacted, while the bill leaves the broader structure of grievance arbitration and performance-judge review in place.
Sentiment
The available voting history shows strong support for the bill in committee, with unanimous or near-unanimous passage at each recorded stage: Senate Labor and Technology passed it with amendments, and Senate Judiciary and Senate Ways and Means each passed it unanimously. No committee transcripts were provided, so there is no recorded floor or hearing debate to indicate opposition. Overall, the bill appears to have been received favorably by the committees that considered it.
Contention
The main policy issue is whether employees exempt from civil service protections, particularly those serving at the pleasure of the appointing authority, should have the same ability as other bargaining-unit members to grieve suspensions or discharges. Supporters appear to favor expanding procedural protections and access to the grievance process, while any potential concern would likely come from public employers or management interests worried about limiting disciplinary discretion. Because no transcripts are available, specific arguments for or against the change are not documented in the provided materials.