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Wednesday, February 2, 2000



State employee
cleared of charges

The state labor board clears
an employee who was accused of
violating laws in a UPW election

By Ian Lind
Star-Bulletin

Tapa

The Hawaii Labor Relations Board has dismissed charges against a state employee who was accused of violating collective bargaining laws by aiding a bid to oust United Public Workers director Gary Rodrigues during the union's 1997 election.

The board ruled that the UPW failed to establish any violations when Solette Perry, a personnel management specialist with the Department of Human Resource Development, assisted Frank Hirazumi's unsuccessful campaign to unseat Rodrigues. Hirazumi, a University of Hawaii painter, was the first to challenge Rodrigues' leadership in 14 years.

The board disclosed its ruling in a brief order filed late last year. A final order explaining the legal basis of the ruling is awaiting final action.

Similar charges against former Human Resources director James Takushi and state Labor Relations Division chief Ann Morimoto were thrown out in 1998.

While dismissing all charges, the labor board cautioned state employees involved in labor relations "to refrain from activities which give the appearance of improper assistance or interference with internal union matters."

Perry declined to comment on the board's action. "I'm just glad it's over," she said.

During a 1998 hearing, Perry testified she met Hirazumi while working as a UPW business agent during 1992-1996, and agreed to aid his campaign as a personal favor. Perry testified she prepared campaign literature and made several telephone calls seeking support from UPW members on the Big Island.

The campaign activities took place during nonworking hours and did not involve the use of state equipment or resources, testimony showed.

Collective bargaining law prohibits the state as employer, or any "designated representative," from interfering in the formation, existence or administration of a public employee union.

The board ruled UPW failed to establish that Perry was acting as a "designated representative" rather than a personal friend.

Perry, who has worked for the state since September 1996, is not considered a manager or supervisory employee.

"It is clear and unequivocal that Ms. Perry's involvement in Mr. Hirazumi's campaign in 1997 was never in her official capacity as a labor relations specialist, and that she was purely motivated to help Mr. Hirazumi due to her personal friendship with him rather than as a public employer's representative," according to a proposed final order awaiting board action.

The board's decision comes too late to help Hirazumi, who was expelled from UPW in mid-1998. The expulsion followed an internal trial after he was accused of "acting in collusion with management to the detriment of the welfare of the union" by seeking election help from Perry.

Hirazumi's attorney, Mary Wilkowski, called the proceeding "a kangaroo court," and said UPW's attacks on Hirazumi and other critics have undermined free speech rights promised by the union constitution.

"How likely are other opponents going to be to raise their heads given the sad story of Frank Hirazumi?" Wilkowski asked.



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