Hawaii Revised Statutes

Haw. Rev. Stat. § 89-6 (2026)

Appropriate bargaining units

✓ current as of July 2026

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§89-6 Appropriate bargaining units. (a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit:

(1) Nonsupervisory employees in blue collar positions;

(2) Supervisory employees in blue collar positions;

(3) Nonsupervisory employees in white collar positions;

(4) Supervisory employees in white collar positions;

(5) Teachers and other personnel of the department of education under the same pay schedule, including part-time employees working less than twenty hours a week who are equal to one-half of a full-time equivalent;

(6) Educational officers and other personnel of the department of education under the same pay schedule;

(7) Faculty of the University of Hawaii and the community college system;

(8) Personnel of the University of Hawaii and the community college system, other than faculty;

(9) Registered professional nurses;

(10) Institutional, health, and correctional workers;

(11) Firefighters;

(12) Police officers;

(13) Professional and scientific employees, who cannot be included in any of the other bargaining units;

(14) State law enforcement officers; and

(15) State and county ocean safety and water safety officers.

(b) Because of the nature of work involved and the essentiality of certain occupations that require specialized training, supervisory employees who are eligible for inclusion in units (9) through (15) shall be included in units (9) through (15), respectively, instead of unit (2) or (4).

(c) The classification systems of each jurisdiction shall be the bases for differentiating blue collar from white collar employees, professional from institutional, health and correctional workers, supervisory from nonsupervisory employees, teachers from educational officers, and faculty from nonfaculty. In differentiating supervisory from nonsupervisory employees, class titles alone shall not be the basis for determination. The nature of the work, including whether a major portion of the working time of a supervisory employee is spent as part of a crew or team with nonsupervisory employees, shall be considered also.

(d) For the purpose of negotiating a collective bargaining agreement, the public employer of an appropriate bargaining unit shall mean the governor together with the following employers:

(1) For bargaining units (1), (2), (3), (4), (9), (10), (13), (14), and (15), the governor shall have six votes and the mayors, the chief justice, and the Hawaii health systems corporation board shall each have one vote if they have employees in the particular bargaining unit;

(2) For bargaining units (11) and (12), the governor shall have four votes and the mayors shall each have one vote;

(3) For bargaining units (5) and (6), the governor shall have three votes, the board of education shall have two votes, and the superintendent of education shall have one vote; and

(4) For bargaining units (7) and (8), the governor shall have three votes, the board of regents of the University of Hawaii shall have two votes, and the president of the University of Hawaii shall have one vote.

Any decision to be reached by the applicable employer group shall be on the basis of simple majority, except when a bargaining unit includes county employees from more than one county. In that case, the simple majority shall include at least one county.

(e) In addition to a collective bargaining agreement under subsection (d), each employer may negotiate, independently of one another, supplemental agreements that apply to their respective employees; provided that any supplemental agreement reached between the employer and the exclusive representative shall not extend beyond the term of the applicable collective bargaining agreement and shall not require ratification by employees in the bargaining unit.

(f) The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:

(1) Elected or appointed official;

(2) Member of any board or commission; provided that nothing in this paragraph shall prohibit a member of a collective bargaining unit from serving on a governing board of a charter school, on the state public charter school commission, or as a charter school authorizer established under chapter 302D;

(3) Top-level managerial and administrative personnel, including the department head, deputy or assistant to a department head, administrative officer, director, or chief of a state or county agency or major division, and legal counsel;

(4) Secretary to top-level managerial and administrative personnel under paragraph (3);

(5) Individual concerned with confidential matters affecting employee-employer relations;

(6) Part-time employee working less than twenty hours per week, except part-time employees included in unit (5);

(7) Temporary employee of three months' duration or less;

(8) Employee of the executive office of the governor or a household employee at Washington Place;

(9) Employee of the executive office of the lieutenant governor;

(10) Employee of the executive office of the mayor;

(11) Staff of the legislative branch of the State;

(12) Staff of the legislative branches of the counties, except employees of the clerks' offices of the counties;

(13) Any commissioned and enlisted personnel of the Hawaii national guard;

(14) Inmate, kokua, patient, ward, or student of a state institution;

(15) Student help;

(16) Staff of the Hawaii labor relations board;

(17) Employees of the Hawaii national guard youth challenge academy; or

(18) Employees of the office of elections.

(g) Where any controversy arises under this section, the board shall, pursuant to chapter 91, make an investigation and, after a hearing upon due notice, make a final determination on the applicability of this section to specific individuals, employees, or positions. [L 1970, c 171, pt of §2; am L 1973, c 36, §1; am L 1975, c 162, §1; am L 1976, c 13, §1; am L 1977, c 191, §1; am L 1987, c 184, §1 and c 311, §1; am L 1988, c 394, §1 and c 399, §2; gen ch 1993; am L 1996, c 89, §5; am L 2000, c 253, §96; am L 2002, c 65, §4; am L 2005, c 202, §3 and c 245, §§5, 8; am L 2006, c 38, §32 and c 298, §§7, 25; am L 2007, c 115, §§3, 16 and c 294, §2; am L 2008, c 16, §18; am L Sp 2008, c 5, §1; am L 2010, c 106, §2; am L 2012, c 130, §5; am L 2013, c 137, §2; am L 2020, c 31, §1]

Case Notes

Cited: 131 H. 82 (App.), 315 P.3d 233 (2011).

Notes of Decisions

Cited in 28 cases (8 in the last 5 years), 1980–2025 · leading case: United Pub. Workers, AFSCME, Local 646, AFL-CIO v. Yogi, 62 P.3d 189 (Haw. 2002).

Sort: Relevance Newest Treatment

United Pub. Workers, AFSCME, Local 646, AFL-CIO v. Yogi, 62 P.3d 189 (Haw. 2002). · cites it 12× “, HRS § 89-6 (excluding an entire class of "public employees" from bargaining collectively); HRS § 89-9 (excluding entire subjects from collective bargaining process); HRS § 89-10 (restricting the lifetime of collective bargaining agreements and when negotiations, including cost…”

Lingle v. Hawai'i Gov't Employees Ass'n, AFSCME, Local 152, 111 P.3d 587 (Haw. 2005). · cites it 4× “HRS § 89-6(a)(1) (Supp.1996). Under CBA1, a temporary assignment must be awarded to the most qualified employee in the baseyard who is in the class immediately below that of the temporarily vacant position.”

United Pub. Workers, AFSCME, Local 646 v. Yogi, 62 P.3d 189 (Haw. 2002). · cites it 6× “, HRS § 89-6 (excluding an entire class of "public employees” from bargaining collectively); HRS § 89-9 (excluding entire subjects from collective bargaining process); HRS § 89-10 (restricting the lifetime of collective bargaining agreements and when negotiations, including cost…”

Malahoff v. Saito, 140 P.3d 401 (Haw. 2006). · cites it 4× “See [HRS] § 89-6 (1993) (establishing bargaining units); HRS § 89-9(d) (1993) (specifying matters that are not subject to collective bargaining); HRS § 89-10(c) (1993) (determining the expiration date for collective bargaining agreements and proscribing the reopening of cost…”

Academic Labor United v. Bd. of Regents of the Univ. of Hawai'i., 529 P.3d 680 (Haw. 2023). · cites it 22× “Two of the bargaining units in HRS § 89-6 included employees of the University of Hawaiʻi.”

Hawaii Gov't Employees Ass'n, AFSCME Local 152 v. Lingle, 239 P.3d 1 (Haw. 2010). · cites it 2× “ective bargaining and that are to be embodied in a written agreement as specified in section 89-10, but the obligation does not compel either party to agree to a proposal or make a concession; provided that the parties may not negotiate with respect to cost items as defined by…”

In re the Arbitration Between UNITED Pub. WORKERS, AFSCME, LOCAL 646 & State, Dep't of Transp., 244 P.3d 609 (Haw. App. 2010). · cites it 6× “The State sought a determination regarding the policy of granting bargaining unit 2 positions to UPW employees without first considering whether HGEA employees wei’e available.”

State v. Nakanelua, 345 P.3d 155 (Haw. 2015). · cites it 4× “]” HRS § 89-6 (2012). In 2008, UPW entered into negotiations with the State of Hawaii, the Hawaii Health Systems Corporation, the Judiciary, the City and County of Honolulu, County of Hawaii, County of Maui, and County of Kauai (collectively, the “State”) to renew and modify the…”

Aio v. Hamada, 664 P.2d 727 (Haw. 1983). · cites it 4× “" [2] The thirteen teachers who have appealed belong to Bargaining Unit 5, which has been designated an appropriate unit for collective bargaining pursuant to HRS § 89-6, and HSTA has been chosen by a majority of the members therein as the exclusive representative of the unit.”

United Pub. Workers, AFSCME, Local 636, AFL-CIO v. Abercrombie., 325 P.3d 600 (Haw. 2014). · cites it 6× “ective bargaining and that are to be embodied in a written agreement as specified in section 89-10, but the obligation does not compel either party to agree to a proposal or make a concession; provided that the parties may not negotiate with respect to cost items as defined by…”

Bronster v. United Pub. Workers, AFSCME, Local 646, 975 P.2d 766 (Haw. 1999). · cites it 3× “HRS § 89-6 provides in relevant part: “Appropriate bargaining units, (a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit: .”

In Re Hawaii Gov't Employees' Ass'n, Local 152, 621 P.2d 361 (Haw. 1980). · cites it 2× “The Hawaii Government Employees’ Association (HGEA), petitioner-appellee and cross-appellant, had filed petitions with HPERB to clarify and amend the coverage of three State of Hawaii bargaining units under HRS § 89-6. The petition sought to include certain government positions…”

Show all 28 citing cases →

— Haw. Rev. Stat. § 89-6(5) — 1 case

Hawai'i State Teachers Ass'n v. Abercrombie, 265 P.3d 482 (Haw. App. 2011).

— Haw. Rev. Stat. § 89-6(a) — 1 case

Academic Labor United v. Bd. of Regents of the Univ. of Hawai'i., 529 P.3d 680 (Haw. 2023). “Two of the bargaining units in HRS § 89-6 included employees of the University of Hawaiʻi.”

— Haw. Rev. Stat. § 89-6(a)(1) — 2 cases

Lingle v. Hawai'i Gov't Employees Ass'n, AFSCME, Local 152, 111 P.3d 587 (Haw. 2005). “HRS § 89-6(a)(1) (Supp.1996). Under CBA1, a temporary assignment must be awarded to the most qualified employee in the baseyard who is in the class immediately below that of the temporarily vacant position.”

In Re United Pub. Workers, Afscme, Loc. 646, 244 P.3d 609 (Haw. App. 2010).

— Haw. Rev. Stat. § 89-6(a)(12) — 1 case

Shopo v. Hlrb, 153 Haw. 431 (Haw. App. 2023).

— Haw. Rev. Stat. § 89-6(a)(13) — 1 case

Academic Labor United v. Bd. of Regents of the Univ. of Hawai'i., 529 P.3d 680 (Haw. 2023). “Two of the bargaining units in HRS § 89-6 included employees of the University of Hawaiʻi.”

— Haw. Rev. Stat. § 89-6(a)(2) — 3 cases

In re the Arbitration Between UNITED Pub. WORKERS, AFSCME, LOCAL 646 & State, Dep't of Transp., 244 P.3d 609 (Haw. App. 2010). “The State sought a determination regarding the policy of granting bargaining unit 2 positions to UPW employees without first considering whether HGEA employees wei’e available.”

In Re United Pub. Workers, Afscme, Loc. 646, 244 P.3d 609 (Haw. App. 2010).

— Haw. Rev. Stat. § 89-6(a)(5) — 1 case

In re: Hawaii State Teachers Ass'n & Bd. of Educ., 515 P.3d 231 (Haw. App. 2022).

— Haw. Rev. Stat. § 89-6(a)(7) — 1 case

Academic Labor United v. Bd. of Regents of the Univ. of Hawai'i., 529 P.3d 680 (Haw. 2023). “Two of the bargaining units in HRS § 89-6 included employees of the University of Hawaiʻi.”

— Haw. Rev. Stat. § 89-6(a)(8) — 1 case

Academic Labor United v. Bd. of Regents of the Univ. of Hawai'i., 529 P.3d 680 (Haw. 2023). “Two of the bargaining units in HRS § 89-6 included employees of the University of Hawaiʻi.”

— Haw. Rev. Stat. § 89-6(a)(l) — 1 case

— Haw. Rev. Stat. § 89-6(c) — 2 cases

Poe v. Hawai'i Labor Relations Bd., 40 P.3d 930 (Haw. 2002).

Boyd v. Hawai'i State Ethics Comm'n, 358 P.3d 709 (Haw. App. 2015).

— Haw. Rev. Stat. § 89-6(d) — 2 cases

In re the Arbitration between United Pub. Workers, AFSCME, Local 646 & City & Cnty. of Honolulu Holiday Pay, 315 P.3d 233 (Haw. App. 2011).

Boyd v. Hawai'i State Ethics Comm'n, 358 P.3d 709 (Haw. App. 2015).

— Haw. Rev. Stat. § 89-6(f)(3) — 1 case

State of Hawai'i, Dep't of Pub. Saf. v. Forbes, 545 P.3d 574 (Haw. App. 2024).

— Haw. Rev. Stat. § 89-6(f)(3)(2012) — 1 case

State of Hawai'i, Dep't of Pub. Saf. v. Forbes, 545 P.3d 574 (Haw. App. 2024).

— Haw. Rev. Stat. § 89-6(g) — 1 case

Academic Labor United v. Bd. of Regents of the Univ. of Hawai'i., 529 P.3d 680 (Haw. 2023). “Two of the bargaining units in HRS § 89-6 included employees of the University of Hawaiʻi.”

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