Union protests
harassment
policy at Pearl

The union says the new policy is
‘intimidating and threatening’

By Alan Matsuoka
Star-Bulletin

A new sexual harassment policy instituted by the Navy at Pearl Harbor is "intimidating and threatening" and designed to discourage workers from filing complaints, a union is charging.

The policy arose in July because the Navy is upset about the large number of complaints being brought by the union against its Public Works Center and security department, said Benjamin Toyama, vice president of the Hawaii Federal Employees Metal Trades Council.

"The Navy has determined that sexual harassment is just in the minds of the women; it's a figment of their imagination," he said yesterday. "This policy now sends a message that the victim is subject to possible punishment, and we think that is highly unfair."

The union on Monday filed an unfair labor practice complaint with the Federal Labor Relations Board challenging the policy from Capt. James L. Delker, commanding officer of the Public Works Center.

The union is particularly bothered by three changes, which say:

Those harassed "should make it clear to the harasser that such behavior is offensive and must stop." Toyama said this would be difficult if the harassment came from an immediate manager or supervisor. Before, employees could ask a superior they're comfortable with to informally confront the harasser, he said.

"Managers and supervisors must take quick action to thoroughly and objectively investigate complaints of sexual harassment." Toyama said this is a "very scary change" since the complaint could be against the person who will conduct the investigation.

At the least, it requires workers to follow the chain of command. Before, trained personnel out of the chain were allowed to investigate, he said.

"It is equally important to punish accusers" if investigations reveal they "knowingly made false allegations." Toyama acknowledged the Navy should have some way of preventing frivolous complaints, but said the earlier policy called only for "corrective action."

"It sends a strong message to the employees that they may be challenged, and in fact punished, if they cannot prove their cases."

A spokeswoman for the Navy said: "The Navy is committed to preventing sexual harassment in the workplace and provide protection and guidance to employees should any harassment occur. The policy comments attributed to James L. Delker, commander officer Public Works Center Pearl, underscored and were consistent with the U.S. Navy's long-standing policy on sexual harassment. The Navy's policy on sexual harassment has not changed."

The Metal Trades Council represents some 5,000 civilian workers at Pearl Harbor. About 2,000 of them -- those in the center and security department -- are affected by the policy, Toyama said.

The union also is challenging the legality of the policy, saying federal civil service laws require such changes to be negotiated rather than unilaterally issued.

The union officials said one case from a female employee at the security department was settled in September for $200,000. But her complaint initially was found to be without merit, so under the new policy she could have been punished for filing it, he said.

About 20 complaints are pending involving the public works and security sections, he said.