The union that represents city refuse workers wants to stop Honolulu Mayor Kirk Caldwell from eliminating garbage disposal service for about 181 condominiums, apartments and other multifamily properties and nonprofit organizations, calling the move "an unlawful privatization" of a city service.

But Caldwell said that the decision, issued last year, was a matter of "fairness and equity," because the overwhelming majority of condominiums, apartments and nonprofit properties do not receive curbside service from the city and must seek private vendors.

The service is slated to end Jan. 31. The United Public Workers’ request for a temporary restraining order that would halt the implementation will be heard before Circuit Judge Karl Sakamoto at 10 a.m. Jan. 28.

The UPW lawsuit filed Dec. 31 argues that eliminating front-loader service is unconstitutional because it essentially calls for the privatization of a service that is "customarily and historically performed by civil servants." The lawsuit cites a 1997 Hawaii Supreme Court decision that Hawaii County’s privatization of jobs at the new Puuanahulu Landfill in North Kona was improper.

UPW also is arguing that the end of front-loader service violates a 1998 agreement it has with the city that requires any modifications to a contract that deals specifically with public collection of trash at multifamily properties, condominiums and nonprofit organizations to be negotiated between the city and the union. The class-action lawsuit says the decision to end service was made "unlawfully and unilaterally" without regard to the 1998 agreement or how it would affect UPW workers.

The move also "impinged upon the right of public employees to organize for the purpose of collective bargaining and to negotiate core subjects (wages, hours, and other terms and conditions of employment)" in violation of the state Constitution, the lawsuit says.

Caldwell said he was disappointed the lawsuit was filed, adding that city and union officials have been in talks to resolve the issue outside of court.

"For me, it’s a matter of fairness and equity," the mayor said. "There is a small number of condominium associations that get free garbage pickup. The vast majority of condo associations on this island pay. I don’t know how that small group got on the list they’re on, who placed them there and why they’re placed there. But I think either everyone pays or we don’t do it."

Caldwell said the decision was made easier because the Honolulu City Council continues to divert money in the operating budget eyed for new front-end loaders, which cost about $300,000 each.

No refuse workers were laid off or otherwise adversely affected, he said. "They will be redeployed to other (Solid Waste Division) areas like bulky item. … They’re just being placed into other areas where there is a need."

The owner associations of several condominium complexes last summer voiced concerns that being required to seek a private front-load trash hauler would cost them several thousand dollars more a month to clear their bins.

The decision to eliminate front-end loader service for condos and nonprofits does not affect the city’s curbside trash pickup for about 180,000 single-family households on Oahu.

Caldwell last year proposed those households getting the service should pay a fee, as in Kauai County and Maui County. Hawaii County does not provide curbside pickup. That plan also called for townhouses, condominiums and apartments served by front-loaders to pay a higher, per bin price equitable with what others pay for private haulers.

The proposal was rejected by the City Council.