(a) Employees of charter schools shall be assigned to an appropriate bargaining unit as specified in § 89-6; provided that if a charter school employee’s job description contains the duties and responsibilities of an employee that could be assigned to more than one bargaining unit, the duties and responsibilities that are performed by the employee for the majority of the time, based on the employee’s average workweek, shall be the basis of bargaining unit assignment for the employee.

Terms Used In Hawaii Revised Statutes 89-10.55

  • Appropriate bargaining unit: means the unit designated to be appropriate for the purpose of collective bargaining pursuant to § 89-6. See Hawaii Revised Statutes 89-2
  • Board: means the Hawaii labor relations board created pursuant to § 89-5. See Hawaii Revised Statutes 89-2
  • Collective bargaining: means the performance of the mutual obligations of the public employer and an exclusive representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to wages, hours, amounts of contributions by the State and counties to the Hawaii employer-union health benefits trust fund, and other terms and conditions of employment, except that by any such obligation neither party shall be compelled to agree to a proposal or be required to make a concession. See Hawaii Revised Statutes 89-2
  • Cost items: means all items agreed to in the course of collective bargaining that an employer cannot absorb under its customary operating budgetary procedures and that require additional appropriations by its respective legislative body for implementation. See Hawaii Revised Statutes 89-2
  • Exclusive representative: means the employee organization certified by the board under section 89-8 as the collective bargaining agent to represent all employees in an appropriate bargaining unit without discrimination and without regard to employee organization membership. See Hawaii Revised Statutes 89-2
(b) For the purpose of negotiating a collective bargaining agreement for charter school employees who are assigned to an appropriate bargaining unit, the employer shall be determined as provided in section 89-6(d).
(c) For the purpose of negotiating a memorandum of agreement or a supplemental agreement that only applies to employees of a charter school, the employer shall mean the governing board, subject to the conditions and requirements contained in the applicable sections of this chapter governing any memorandum of agreement or supplemental agreement.
(d) Negotiations over matters covered by this section shall be conducted between the employer and exclusive representative pursuant to this chapter. Cost items that are appropriated for and approved by the legislature and contained in a collective bargaining agreement, memorandum of agreement, or supplemental agreement covering, wholly or partially, employees in charter schools shall be allocated by the department of budget and finance to a charter school authorizer for distribution to the charter schools it authorizes. However, if the charter school authorizer deems it appropriate, the cost items may be funded from a charter school’s existing allocation or other sources of revenue received by a charter school.

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