Gov. Josh Green today urged the Hawaii nurses union and Kapi‘olani Medical Center for Women & Children to seek federal mediation to reach a swift, fair resolution in their contract negotiations.

Green, along with State Attorney General Anne Lopez, said they have called and sent letters to both parties, urging them to do so in order to benefit Hawaii’s health care system as negotiations continue today.

“Our nurses are a critical piece of our health care system in Hawaii,” Green said in a news release. “I encourage both parties, who I respect, to request the assistance of a federal mediator. A neutral mediator can help break through barriers and guide both sides toward a fair agreement that serves our community and allows us to care for our sickest children.”

Additionally, Green is calling for gestures of goodwill from both sides, along with calmer dialogue and efforts to work together with aloha.

“During this phase of the negotiation, with a federal mediator, I would ask that both parties ensure that no services are interrupted at Kapiolani and that the nurses continue to receive their health benefits,” he continued. “These gestures of good faith should help the parties move forward.”

Green said he was prompted to take this action after witnessing the escalation on both sides, which culminated on Monday in the arrest of 10 people for allegedly sitting down and blocking Kapi‘olani’s main driveway from entry by charter buses carrying travel nurses.

The Kapi‘olani nurses have been working without a contract since December, and negotiations have dragged out for more than a year.

A sixth straight day of negotiations since the lockout was held today. There was no agreement, however, and talks will resume Thursday after a break Wednesday.

“We met again today to review and discuss each other’s respective proposals as we work toward reaching an agreement,” Kapi‘olani Chief Operating Officer Gidget Ruscetta said in a statement. “We hope the next step is federal mediation as suggested by Gov. Josh Green, M.D. We offered to meet with the Hawai‘i Nurses’ Association as soon as tomorrow, but based on the union’s availability, we will be meeting on Thursday.”

HNA held a one-day strike Sept. 13, the second time this year that hundreds of union nurses walked off the job. Kapi‘olani’s lockout has been in effect since Sept. 14, and remains in effect until HNA unconditionally accepts the contract offer.

Though the two parties previously worked with a federal mediator in May without reaching a settlement, Green says it is worth trying again, especially after the latest escalation.

Green said recent rhetoric, along with online posts and chants have been “very caustic” and “are frankly detrimental to reaching an agreement.”

“The truth is the nurses and the hospital are going to work as an ohana again, some day, and the longer it lasts, and the more angry rhetoric that goes out, the more angry rhetoric that people end up hearing, it’ll be harder for them to heal,” said Green. “So it would be better if they had some neutral mediation and frankly, reach an agreement that is compromise on both sides.”

In a written statement, Ruscetta agreed that it is time to reengage a federal mediator.

“If HNA is willing to pursue the assistance of a neutral third party with us, we believe we can move toward the final step in this contract settlement,” Ruscetta said. “As always, we will continue to bargain in good faith until an agreement is reached.”

“We strongly support the governor’s suggestion for HNA to not engage in further activities that could hinder or impact patient care or access to the medical center,” she continued. “This is a labor dispute that must be resolved through negotiations, without disrupting care to our community. In addition to our willingness to participate in mediation and good faith bargaining, we are planning to extend our nurses’ health, dental and vision benefits beyond Sept. 30, as long as HNA accepts the governor’s recommendation and adheres to the terms of Kapi‘olani’s response. We value our nurses and believe in supporting their personal well-being.”

HNA President Rosalee Agas-Yuu said while the union is open to a federal mediator, its most immediate concern is with the ongoing lockout of nurses that want to return to work and the ultimatum imposed on them.

“Every day that goes by that the nurses are not at the bedside is a problem,” she said. “We already had a candlelight vigil for one family. How many more do we have to have?”

Lopez clarified that the governor cannot intervene in private negotiations, but that he can, and is ready, to assist through mediation if both parties request it.

Green also offered state conference rooms as neutral spaces for discussions, reaffirming his commitment to support any mediation efforts.

Agas-Yuu said late tonight she is glad that Green is taking action to try to end the contract impasse.

“Governor Josh Green has decided to help put an end to the turmoil at Kapi‘olani Medical Center for Women and Children,” Agas-Yuu said in a statement. “After weeks of calls and emails from nurses and others imploring his help, we’re glad he is taking heed to the cries from the parents of young patients and has been moved by the outrage in our community.

“The Governor asked that both parties, Kapi‘olani and the nurses, ensure that no services are interrupted at Kapi‘olani and that the nurses continue to receive their health benefits. However, in a letter from Kapiʻolani CEO David Underriner to the Governor immediately following the Governor’s request, Kapi‘olani did not offer any assurance that the nurses represented by HNA would be able to immediately return to their jobs to avoid disruption of quality care for patients.”

Agas-Yuu emphasized in her statement that Kapiolani noted the continuation of health care benefits after Sept. 30 would be extended only if the nurses negotiate in good faith with the participation of a federal mediator and HNA does not disrupt hospital services.

“Weaponizing access to affordable healthcare and threatening to take away the health plan for the nurses and their families are examples of the tactics Kapi‘olani deploys to force its employees to agree to their terms,” she said. “We’ve become more adept at reading between the lines and refuse to be disrespected anymore.

“As we continue to review and contrast the Governor’s letter with the response of Underriner, we will develop our response to Governor Josh Green’s request to ensure the nurses are treated respectfully.”

Gov. Josh Green's letter to HNA, Hawaii Pacific Health and Kapiolani Medical Center for Women and Children by Honolulu Star-Advertiser on Scribd