Hawaii Constitution Article XIII Organization; Collective Bargaining

Hawaii Constitution – Article XIII: Organization; Collective Bargaining

📜 Overview:

Article XIII of the Hawaii Constitution establishes the organization of state and county governments concerning public employees’ collective bargaining rights. It outlines how government employees can organize and negotiate working conditions, wages, and benefits.

🔹 Key Provisions:

Section 1 – Public Employee Rights

Public employees have the right to organize, form, and join labor organizations.

They may bargain collectively through representatives of their own choosing.

Section 2 – Employer-Employee Relations

The state and counties must recognize and bargain in good faith with certified employee organizations.

The government cannot interfere with, restrain, or coerce employees in exercising collective bargaining rights.

Section 3 – Exclusions

Certain categories of public employees may be excluded from collective bargaining if defined by law (e.g., supervisors or confidential employees).

Section 4 – Legislative Authority

The Legislature shall enact laws to implement this article, including provisions for:

Certification of employee organizations

Procedures for collective bargaining

Resolution of disputes (e.g., mediation, arbitration)

Summary:

Guarantees collective bargaining rights for public employees in Hawaii.

Requires good faith negotiations between government employers and employee representatives.

Establishes a framework for fair labor practices in the public sector.

Allows the Legislature to define specific rules and exceptions.

 

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