Gov’t unions’
next goal: permanent
ban on pay freeze

A judge temporarily blocks
the Legislature's wage freeze for
state and county workers

By Harold Morse
Star-Bulletin

A temporary restraining order issued to block a state and county pay freeze has elated leaders and members of the four unions that brought the lawsuit last week.

Herbert Takahashi, attorney for the public employee unions, was asked by Circuit Judge Virginia Crandall to draw up the order.

Yesterday's decision brought praise from Joan Husted, deputy executive director and chief negotiator of the Hawaii State Teachers Association.

"Obviously, we're pleased because the HSTA and UPW, HGEA and Firefighters Association believe that Act 100 was a violation of the constitutional right to collectively bargain," she said. "The judge felt that there was reason to believe that the unions would prevail on that question -- that a loss of a constitutional right, as I understand the court's action, would cause irreparable harm."

The unions went to court with the intent to overturn the two-year freeze on public employee pay increases in Act 100 approved in the past legislative session.

The four unions collectively represent more than 48,000 public employees.

"We still have to go to trial on the merits of the claim," Husted said. "There will be a court hearing on a permanent restraining order, but we have every confidence that the unions will totally win their position."

The unions want to keep the state from implementing the pay freeze legislation, Husted said.

"The key here is the Legislature must ratify cost items that are negotiated. That is their role, but they can't interfere with the parties' ability to negotiate," she said. That would be the role of the employer and the individual unions, Husted said.

Defendants named in the unions' suit include state chief negotiator Davis Yogi, Gov. Ben Cayetano, the four county mayors, the Board of Education and the University of Hawaii Board of Regents.

Cayetano signed the pay freeze bill, which prohibits state and counties from negotiating pay increases during the two years beginning July 1.

But the governor said he didn't believe the law would be upheld in a court challenge because the state Constitution guarantees public workers the right to collective bargaining.

Cayetano, however, also has warned that if the unions go to arbitration and win pay raises, he will impose layoffs to finance the raises.