RULES OF THE DIRECTOR OF HUMAN RESOURCES
CHAPTER 7, EXCLUDED EMPLOYEE ADJUSTMENTS
Historical Note: Section 7-5 is based on section 6-12 of part 1 of the rules of the civil service commission. [Eff Jul 01 2002]
§7-1 Purpose.
The purpose of this chapter is to develop and establish a process whereby excluded civil service employees and employee organizations representing them are afforded the opportunity to provide input regarding adjustments made to their wages, hours, benefits or other terms and conditions of employment. [Eff Jul 01 2002] (Auth: HRS §76-17) (Imp: HRS §§76-12, 76-13, 89C-3)
§7-2 Applicability.
This chapter shall apply to excluded civil service employees. [Eff Jul 01 2002] (Auth: HRS §76-17) (Imp: HRS §§76-12, 76-13, 89C-3)
§7-3 Definitions.
Unless otherwise indicated by context, words used in these rules are understood to have the following special meanings and are only applicable to this chapter:
“Adjustment” means a change in wages, hours, benefits or other terms and conditions of employment.
“Appropriate authority” means the mayor of the City and County of Honolulu.
“Employee organization” means any organization officially recognized by the City as a representative of employees excluded from collective bargaining.
“Excluded civil service employee” means an employee who has met all requirements for membership in the civil service under section 76-27, HRS, and is not included in any appropriate bargaining unit under section 89-6, HRS. [Eff Jul 01 2002] (Auth: HRS §§76-17, 89C-1.5) (Imp: HRS §§76-12, 76-13, 89C-1.5)
§7-4 General provisions.
(a) Any adjustment for excluded civil service employees shall be consistent with the merit principle and shall not diminish any rights provided under chapter 76, HRS.
(b) For excluded employees under the same classification systems as employees within collective bargaining units, adjustments shall not be less than those provided under collective bargaining agreements for employees hired on a comparable basis.
(c) For employees in positions in the excluded managerial compensation plan, adjustments shall, to the extent practicable, uniformly apply to every excluded employee to ensure fairness.
(d) The director shall ensure that adjustments for excluded civil service employees result in compensation and benefit packages that are appropriate for what they do and the contribution they make in consideration of the compensation and benefit packages provided under collective bargaining agreements for counterparts and subordinates within the jurisdiction. [Eff Jul 01 2002] (Auth: HRS §76-17) (Imp: HRS §§76-12, 76-13, 89C-2, 89C-3)
§7-5 Salary and benefit adjustments for excluded managerial employees.
(a) Salary adjustments for employees in positions in the excluded managerial compensation plan shall be not less than those provided under collective bargaining to officers and employees in the professional and scientific bargaining unit. This shall not preclude additional variable adjustments based on performance or other job criteria and specific adjustments warranted based on the nature of work performed or working conditions.
(b) Non-wage adjustments for employees in positions in the excluded managerial compensation plan shall be not less than those provided employees in the bargaining unit from which the employee is excluded. [Eff Jul 01 2002] (Auth: HRS §§76-12, 76-13, 76-17) (Imp: HRS §§76-12, 76-13, 76-17, 89C-2(5))
Historical Note: Section 7-5 is based on section 6-12 of part 1 of the rules of the civil service commission. [Eff Jul 01 2002]
§7-6 Employee input.
(a) No change in adjustments for excluded civil service employees that must be executed by executive order shall be made without the opportunity to provide input on the adjustments.
(b) Prior to the expiration of the applicable bargaining unit’s collective bargaining agreement, the director shall solicit input from civil service employees excluded from the appropriate bargaining unit and from any employee organizations on changes to their wages, hours, benefits or other terms and conditions of employment. For employees in the excluded managerial compensation plan, the applicable bargaining unit for purposes of salary adjustments shall be bargaining unit 13.
(c) The director’s recommendations to the appropriate authority on the adjustments provided to excluded civil service employees shall be final and neither employees nor their organizations may appeal the recommendations. [Eff Jul 01 2002] (Auth: HRS §§76-17, 89C-3) (Imp: HRS §§76-12, 76-13, 89C-2, 89C-3, 89C-6)