The teachers union is seeking documents and witness testimony about private conversations members of the state’s contract negotiating team had to support the union’s claim that threats made about layoffs or higher wage reductions would be part of a coordinated effort to intimidate the union into accepting a deal.

During a Hawaii Labor Relations Board hearing Thursday that became heated at times, deputy Attorney General Jim Halvorson argued that those conversations and documents are privileged and don’t have to be made public.

"Good-faith bargaining can be judged based on what happened at the bargaining table," Halvorson said, adding the state isn’t trying to block the union from calling witnesses or requesting notes from bargaining sessions.

Labor Board Chairman Jim Nicholson questioned the union’s underlying argument, saying he didn’t understand how it could contend that the Hawaii State Teachers Association’s negotiating team had been forced to sign a tentative agreement on April 27. The union’s board later rejected a "last, best and final" offer that incorporated the terms of the tentative agreement.

HSTA’s rejection led to the state’s decision to declare an impasse and unilaterally implement a contract for teachers July 1 that included 5 percent wage reductions and higher health insurance premiums.

HSTA attorney Herb Takahashi argued Thursday that threats of huge layoffs and wage reductions equal to 10 percent, made during talks, were part of a calculated effort by the state to compel the union to accept an agreement.

He said HSTA’s team felt forced to sign the tentative agreement April 27.

Nicholson appeared baffled by Takahashi’s argument, saying he couldn’t imagine union negotiators he has worked with being intimidated by a threat made during negotiations. "It’s difficult for me to fathom," he told Takahashi. "Were they held captive? They didn’t feel that they could just pick up and leave? They had no choice? They had to sign it or else?"

Nicholson added that his line of questioning was intended to "bear out" what documents or private conversations were necessary to the union’s labor board case. "So what you’re asking for is information about some kind of premeditation on the part of the employer in caucus," he said.

The labor board did not rule on the matter Thursday.

The HSTA has filed a "prohibited practice" complaint with the board, alleging the state bargained in bad faith and violated members’ rights when it unilaterally implemented a "last, best and final" contract offer — an unprecedented action in public-sector negotiations in the islands.

The state argues the "last, best" offer was needed to achieve labor savings and avert massive teacher layoffs or cuts to instructional time.

Takahashi said he believes testimony and notes on behind-the-scenes discussions will show the state planned to use threats to get an agreement.

In response to Nicholson’s questions about why union negotiators felt compelled to sign a tentative deal April 27, Takahashi said HSTA’s negotiating team is made up of mostly teachers, not practiced labor experts.

"The evidence will bear out what actually happened," he said. "We’re concerned about … their (the state’s) approach to collective bargaining."

The board will reconvene Tuesday when Board of Education member Jim Williams is scheduled to testify. After Williams the state’s chief negotiator, Neil Dietz, is expected to be called to the witness stand.