State accused of
‘lip service’
on Kapolei move

Officials are accused of not
discussing employee hardship
over the move

By Susan Kreifels
Star-Bulletin

A government workers union says the state has given only "lip service" to its obligation to consult with employees who see problems in moving to Kapolei.

And the union says who should relocate to Oahu's "second city" should still be up for discussion.

The government says it's trying to resolve what it can, but won't cave in to union concessions.

It is only required to have "meaningful consultations" with the union, and the government says that has occurred with employees who have already transferred to Kapolei.

It's up to the Hawaii Labor Relations Board to decide who's right.

The Hawaii Government Employees Association filed a motion with the board last week asking it to enforce its July 16 order that the state consult with the HGEA about issues raised by the move.

In a response filed yesterday, the government said 493 employees from 21 state programs had been relocated. It asked that the board determine that "meaningful consultation" had occurred for those moves and to dismiss the union's motion. Valri Kunimoto, the labor board's executive officer, said she could not comment on the pending matter.

The state and city have worked together to create a "second city" on Oahu at Kapolei. The state is moving about 1,000 workers from various departments to a new six-story office building to be leased to the state. The state also plans to move the Family Court to Kapolei.

The board temporarily blocked the move last June until the state held the consultations. The sides reached an agreement in August and the transfer is scheduled for completion in November.

But in its motion, the HGEA said the government "has not made a single commitment in resolving or minimizing any of the concerns and issues raised by the relocation of employees.

"The employer has no right to designate to what extent consultation shall occur or the subjects," said Peter Trask, attorney representing the union. Trask said there is no "clearly stated statutory purpose" for the move other than the "government's wish to seed a second city."

Although last week's motion specifically mentions concerns about moving Department of Health workers, Trask said the motion is trying to set the tone for all the moves.

Although the government has met some concerns, remaining issues include the desire by some employees to work four 10-hour days, thus eliminating one day because of the longer trip required of some to work in Kapolei. Trask also said it's unfair to expect the same work productivity in job performance requirements if workers have to travel farther during the day for field work.

Janice Kemp, deputy attorney general with the Employment Law Division, said the government has "followed the spirit and intent of the board's decision." According to the decision, consultations are to be held but "without requirement of either side to concede or agree on any differences or conflicts arising or resulting from consultations," Kemp said.

Kemp said issues the government is working to accommodate include more bus service and van pools to Kapolei; relocating some offices that would share a building where human remains are stored, and air-conditioning and bathroom problems.

But Kemp said that the length of work weeks are set by law and job performance requirements by collective bargaining. "The parties can't change that," she said.