It has been four months since the teachers union wrapped up a prohibited-practice case before the Hawaii Labor Relations Board — more than enough time, the union argues, for the board to decide whether the state violated members’ rights when it imposed a contract in July 2011.
The Hawaii State Teachers Association has asked the state Supreme Court to compel the labor board to issue a quick ruling in the case.
HSTA officials say in the absence of a ruling, the union can’t move forward —with either taking the case to state Circuit Court or exercising members’ right to strike, or both.
"All of the information is in to the labor board," said HSTA President Wil Okabe. With the ruling pending, "it limits us from any of our options that we might have."
The union argues that under state law the labor board must issue a ruling "promptly."
"In our minds, three to four months is not prompt," said HSTA negotiations specialist Ray Camacho. "We felt that’s reason enough to go to the Supreme Court."
No hearing on the union’s petition to the Supreme Court has been scheduled.
The HSTA sought similar relief from the Supreme Court last year when it asked that the labor board be compelled to issue a speedy ruling on whether teachers should receive immediate relief from the terms of the imposed "last, best, final" contract offer.
The petition was rejected, and the labor board subsequently denied the HSTA’s filing for immediate relief.
In rejecting the petition, the Supreme Court made it clear the union could move to strike if it drops its prohibited-practice complaint before the labor board.
It’s unlikely the HSTA will do that, though. The union has characterized the labor board complaint as critical to ensuring public workers’ rights are protected.
Hearings in the case dragged on for 10 months and included dozens of witnesses.
The HSTA argued the state’s decision to unilaterally implement a "last, best" offer in July 2011, with wage reductions and higher health care premiums, violated state labor laws.
Teachers continue to work under the "last, best" offer, which expires June 30, 2013.
The state, meanwhile, said it had to impose the contract in order to preserve hundreds of jobs.
The call for a ruling in the labor board case comes as the state and HSTA remain mum about the status of federal mediation.
The two sides agreed not to speak publicly about the status of contract talks when they entered mediation in late August.
But word has been spreading through the teaching ranks that mediation appears to have been a bust.
Several teachers said they have been informed mediation produced no results, and a HSTA-Windward chapter newsletter from last month appears to bolster those claims.
The newsletter said that as of Sept. 7, "mediation did not prove fruitful and concluded without resolution."
Before entering mediation, the HSTA had repeatedly called on the state to honor a six-year agreement teachers had previously rejected but then approved in May. Gov. Neil Abercrombie called the agreement invalid and said a new deal had to be made.
Under the six-year agreement, teachers would continue to take 5 percent wage reductions through June 30 before moving to a new salary schedule that recognizes teachers’ years of service.
The state Department of Education would also move to a revised teacher evaluation system linked to student performance. Teachers rated "effective" or higher would be eligible for annual raises.
