The Hawaii State Teachers Association filed a complaint in July 2011 when the governor unilaterally imposed the state’s “last, best, final offer.” The teachers have been working under this contract — which included a 5 percent pay cut and higher healthcare premiums — ever since.
Negotiations for a new contract have resumed, but the talks haven’t produced anything yet.
Meantime, the union’s 13,000 members can’t strike unless the labor board rules on its case, which is based on whether the state violated HSTA’s constitutionally protected rights to collective bargaining.
It’s been nine months since the final hearing date, and still no decision from the board. HSTA tried appealing to the state Supreme Court for help, but that just resulted in the board saying it can take however long it feels like to rule.
Which brings us to the bill floating in the Legislature.
HSTA wants lawmakers to pass a bill that would force the labor board to resolve complaints within 30 days, or else the complainant automatically wins.
The Attorney General, Department of Education, HGEA, HPD and others blasted the bill in their testimony this month. They say it’s unconstitutional because it violates due process rights, and also substantively flawed because it doesn’t say when the shot clock starts for the 30-day requirement.
There were some sensible proposed amendments to the bill from IMUAlliance, particularly the one that says the board should just have 30 days to decide on a case from the time the last hearing is held.
Follow Senate Bill 1248 by clicking here.
— Nathan Eagle
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