Hawaii AFL-CIO's Legislative Program 2005

The Hawaii State AFL-CIO's Legislative Program is guided by the following principles:

• Promote the right of workers to representation and to be organized, and to bargain collectively. Promote fairness and dignity for working families.
• Oppose further erosion/takeaways of worker rights and benefits. Support working class communities

Hawaii State AFL-CIO 2005 Legislative Package

1. SICK LEAVE [HB 335 and SB 535] Vetoed by the Governor in 2004, this bill would make it unlawful for any employer or labor organization to discriminate against an individual for valid use of sick leave under a collective bargaining agreement or valid employment policy. Status: dead

2. FAMILY LEAVE [HB 325 and SB 533] Closes a loophole in Act 44 (2003 Legislature), which allows employees to use up to 10 days of their sick leave benefits for family leave purposes, by amending the TDI statute and clarifying the definition of sick leave in the Family Leave Law. status: moving through second house

3. CROSSCHECK REQUIREMENTS: Labor Representation [HB 389 and SB 534] In development projects where the state or a county has an on-going proprietary interest, determination of employee preference regarding whether or not to be represented by a labor union is based on signed authorization cards in lieu of National Labor Relations Board-supervised election procedures. status: dead

4. WORKERS COMPENSATION REFORM ACT [HB 341] Amends the current law to correct certain abuses of injured workers' rights, and to counteract the DLIR's direction of surrendering more authority over injured workers claims to the insurance industry. The bill would (1) prohibit insurance carriers or employers from unilaterally cutting off medical care or compensation without a fair hearing or order from the labor director; (2) limit medical examinations unilaterally and unreasonably imposed by employers' insurers' physicians; and (3) provide a disincentive to employers and insurers who delay compensation and/or medical treatment and rehabilitation. status: dead

5. MEAL BREAKS AT WORK [HB 338 and SB 55] Requires employers to provide employees a rest or meal period of at least thirty minutes for employees who must work a five or more continuous hour shift, unless a collective bargaining agreement provides an express provision for meal breaks. status: HB 338 going to Ways & Means in second house

6. INDEXING MINIMUM WAGES [HB 371 and SB 32] Increases the minimum wage amount, provides for an automatic annual adjustment for cost-of-living increases, and removes the onerous tip credit exemption that permits employers to pay employees even less than the minimum wage. Status: HB 371 and SB 32 are no longer the vehicles for minimum wage. HB1134 and SB1561 are going to Conference Committee.

7. KEEP JOBS IN HAWAI'I ACT [HB 388 and SB 538] Ensures that state tax dollars are used to create state jobs and to stabilize the state tax base by prohibiting state agencies from contracting with or providing economic development assistance to companies that ship work offshore. Requires companies that violate the off shoring ban to repay the state in an amount equal to the amount paid by the state or local government for the percentage of work that was performed with workers outside the United States. Status: dead

8. DEFENSE TO TRESPASS ACT [HB 339 and SB 537] Prohibits police or security guards from evicting union pickets who are striking employers doing business in malls, shopping centers, hotels or resorts. It is fundamentally unfair and an evasion of the rights guaranteed labor by state and federal policy for some employers to be immune from organizing just because they operate in such areas. Status: dead

9. REPEAL OF HRS379A [HB 337 and SB 56] House keeping measure, repeals Hawaii's archaic and unconstitutional law against picketing a home or residence. Courts have held similar statutes are not only improper infringements on peaceful demonstrations, they also are pre-empted by federal labor laws. Status: dead

10. HEALTH CARE DISCLOSURE ACT Requires the State to collect and disclose the names of the employers of applicants for publicly-funded health care programs like Medicaid or SCHIP, as well as any person requesting uncompensated care in a hospital. Also requires the state to disclose the total cost to the State of providing public health care benefits for the employees and enrolled dependents of each named employer.

11. UNIT 14 [HB 121] Creates a collective bargaining unit for substitute teachers of the DOE, including part-time substitute teachers working less than one-half of a full-time equivalent.

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