(a) The employee organization that has been certified by the board as representing the majority of employees in an appropriate bargaining unit shall be the exclusive representative of all employees in the unit. As exclusive representative, it shall have the right to act for and negotiate agreements covering all employees in the unit and shall be responsible for representing the interests of the employees without discrimination and without regard to employee organization membership; provided that the exclusive representative shall not be required to provide grievance representation to employees who do not pay dues or dues equivalents and who decline to pay reasonable costs of that representation. Any other provision herein to the contrary notwithstanding, whenever two or more employee organizations that have been duly certified by the board as the exclusive representatives of employees in bargaining units merge, combine, amalgamate, or enter into an agreement for common administration or operation of their affairs, all rights and duties of the employee organizations as exclusive representatives of employees in the units shall inure to and shall be discharged by the organization resulting from the merger, combination, amalgamation, or agreement, either alone or with the employee organizations. Election by the employees in the unit involved and certification by the board of the resulting employee organization shall not be required.
Terms Used In Hawaii Revised Statutes 89-8
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
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
Employee organization: means any organization of any kind in which public employees participate and which exists for the primary purpose of dealing with public employers concerning grievances, labor disputes, 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 of public employees. 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
wages: includes the number of incremental and longevity steps, the number of pay ranges, and the movement between steps within the pay range and between the pay ranges on a pay schedule under a collective bargaining agreement. See Hawaii Revised Statutes 89-2
(b) An individual employee may present a grievance at any time to the employee’s employer and have the grievance heard without intervention of an employee organization; provided that the exclusive representative is afforded the opportunity to be present at such conferences and that any adjustment made shall not be inconsistent with the terms of an agreement then in effect between the employer and the exclusive representative.(c) Employee participation in the collective bargaining process conducted by the exclusive representative of the appropriate bargaining unit shall be permitted during regular working hours without loss of regular salary or wages. The number of participants from each bargaining unit with over 2,500 members shall be limited to one member for each five hundred members of the bargaining unit. For bargaining units with less than 2,500 members, there shall be at least five participants, one of whom shall reside in each county; provided that there need not be a participant residing in each county for the bargaining unit established by section 89-6(a)(8). The bargaining unit shall select the participants from representative departments, divisions or sections to minimize interference with the normal operations and service of the departments, divisions or sections.
