Gov. Josh Green on Tuesday urged the Hawaii nurses union and Kapi‘olani Medical Center for Women & Children to seek federal mediation to resolve their long-standing labor dispute.
Green, along with state Attorney General Anne Lopez, said they sent letters to both parties, urging them to do so to reach a swift and fair resolution for the benefit of Hawaii’s health care system.
“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.”
Negotiations have been ongoing for more than a year, with Tuesday marking the 11th day Kapi‘olani’s management has locked out about 600 union nurses, prohibiting them from returning to work.
The locked-out nurses are also poised to lose employer-provided health benefits at the end of the month.
Green said he was prompted to take this action after witnessing the escalation on both sides, which culminated Monday in the arrest of 10 people for allegedly blocking charter buses full of travel nurses from entering Kapi‘olani’s main driveway.
The protesters said it was an act of civil disobedience to protest the injustice of an indefinite lockout, while Kapi‘olani said the action was disruptive to patients seeking care that morning.
Despite the clash, HNA and Kapi‘olani met again Tuesday for a sixth straight day to continue negotiations on a new, three-year contract. Negotiations, however, ended with no agreement and will resume Thursday after a break today.
“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 (today), but based on the union’s availability, we will be meeting on Thursday.”
The Kapi‘olani nurses have been working without a contract since December, and as negotiations reached the one-year mark, HNA decided to strike again.
HNA held a one-day strike Sept. 13 to protest retaliation for filling out unsafe-staffing forms. Kapi‘olani imposed a lockout Sept. 14 which remains in effect until HNA unconditionally accepts its contract offer.
Green said he is also 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 Kapi‘olani and that the nurses continue to receive their health benefits,” he said. “These gestures of good faith should help the parties move forward.”
The two parties previously worked with a federal mediator in May without reaching a settlement, but Green said it is worth trying again, especially after the recent escalation.
He 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 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 highest and most immediate concern is with the ongoing lockout of nurses.
Kapi‘olani said in an earlier news release that the lockout would be imposed “in an effort to encourage HNA to accept Kapi‘olani’s fair and generous offer.” But Kapi‘olani could continue negotiations in good faith without locking out nurses who want to return to work, she said.
The union is opposed to this kind of ultimatum, she said, which is not being addressed.
“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?”
Still, HNA is willing to continue talks in hopes of reaching a resolution before the end of the month.
Lopez clarified that legally, the governor cannot intervene in private negotiations but that he can, and is ready to, assist through mediation if both parties request it.
“From my perspective, we’re the health state,” he said. “We have the best health outcomes in the country. We have far fewer people uninsured than any other state. But we could drift downward if we end up with a series of strikes or lockouts. So I don’t want to see that. I want to stay the best health care state in the nation.”
The letters were sent to Ray Vara, president and CEO of Hawaii Pacific Health, which operates Kapi‘olani; Ruscetta; and HNA’s Agas-Yuu.
Green also offered the use of state conference rooms as neutral spaces for discussions, reaffirming his support of mediation efforts.
Agas-Yuu said late Tuesday night 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 Kapi‘olani 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 Kapi‘olani said 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 lette… by Honolulu Star-Advertiser
