HRS §386-3.5
Negotiating workers' comp benefits through union bargaining
This section lets an employer and a union agree on workers' compensation benefits, but the state labor director must check the deal to make sure it gives at least the minimum benefits the law requires. The director has a set time to approve it. This only applies to agreements made after a certain date.
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The statute, as written — Negotiation for benefit coverage
(a) Notwithstanding any provision of law to the contrary, any employer may determine the benefits and coverage of a policy required under this chapter through collective bargaining with an appropriate bargaining unit; provided that the bargained agreement shall be reviewed by the director to ensure that the agreement does not provide benefits and coverage less than those provided in this chapter. The director shall approve the agreement within ninety days after submittal upon a finding that the agreement provides the benefits and coverage required. This section shall not apply to collective bargaining contracts negotiated pursuant to chapter 89. The director may adopt rules pursuant to chapter 91 to implement this section. (b) This section shall apply only to collective bargaining agreements negotiated subsequent to June 29, 1995.
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