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Union arbitration reviewed

Lingle officials oppose a new
bill restoring the right, saying
it gives unions an unfair edge



CORRECTION

Friday, March 28, 2003

» Kathleen Watanabe is director of the state Department of Human Resources Development. A story on Page A9 of yesterday's paper about binding arbitration for public employees had incorrectly identified her as Karen Watanabe.



The Honolulu Star-Bulletin strives to make its news report fair and accurate. If you have a question or comment about news coverage, call Editor Frank Bridgewater at 529-4791 or email him at corrections@starbulletin.com.

By Richard Borreca
rborreca@starbulletin.com

Saying he was fostering labor peace, state Rep. Dwight Takamine, chairman of the House Finance Committee, is forwarding a bill that the Lingle administration says reverses one of the Legislature's major civil service reforms.



Legislature 2003

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The bill has already been approved by the Senate and now appears destined for a House-Senate conference committee next month.

The bill, Senate Bill 768, Senate Draft 1, House Draft 1, restores the Hawaii Government Employees Association's right to binding arbitration instead of a strike to resolve labor contract disputes.

The so-called "right to strike" reform had been hailed by both former Gov. Ben Cayetano and previous legislative leaders as one of the most significant civil service reforms to come from the past legislative session.

But HGEA lobbyists had targeted the law for revision.

Garen Deweese, HGEA spokesman, called the bill "one of the most important priorities for our committee."

But Lingle administration officials see the repeal and the return to arbitration as a "virtual guarantee of salary and wage increases each year."

Ted Hong, Lingle's chief negotiator, said only once, in 1983, has an arbitrator supported the state's position.

Right now the state, the HGEA and other public employee unions are bargaining for new contracts.

Lingle has said the state cannot afford to give pay raises, but because of the mandatory arbitration required for firefighters, nurses and police officers, the state will offer some small pay raise.

The other unions -- HGEA, the Hawaii State Teachers Association, United Public Workers and the University of Hawaii Professional Assembly -- are covered by the existing right to strike legislation, and no pay raise is being offered.

"Just because the union does not receive a salary and wage increase given the present economic reality does not make the present law or process unfair," Hong said.

Karen Watanabe, state human resources director, said changing the law gives unions little reason to bargain with the state.

"The union knows that its position, no matter how unreasonable, will still be submitted to and reviewed by an arbitrator in final and binding arbitration," Watanabe said.

Takamine (D, Hawi-Hilo), however, said the state went through a strike of both teachers and university professors, and it was a "painful experience."

"Our objective is stability and labor peace. Looking back at some of the experiences we have had, we have had two years' experience and we have had strike situations. It is appropriate to keep looking at what options are available," Takamine said.

Rep. Colleen Meyer, a Republican committee member who voted against the bill, said restoring binding arbitration unfairly advances the position of the unions.

"We know what happens with binding arbitration: It is slanted towards the employees. The employer is just out of the loop," Meyer (R, Laie-Kahaluu), said.



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