Labor board begins
hearing complaints
against teachers

The union president says the
situation has reached a crisis
as strike date nears

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By Lisa Asato
and Crystal Kua
Star-Bulletin

TWO OF THE THREE members of the Hawaii Labor Relations Board this morning began hearing complaints filed by the state against the Hawaii State Teacher's Association that could delay the start of an April 5 teachers strike.

The labor member of the board, Chester Kunitake, was not present today after he recused himself from hearing the case yesterday.

Board Chairman Brian Nakamura said Kunitake continues to believe his recusal is necessary and Nakamura said he and management representative Kathleen Racuya-Markrich will hear the case.

He said the only way the governor can reappoint someone to the board is if there is illness or absence because of travel.

Nakamura said he and Racuya-Markrich will try to agree on how to resolve the complaints, but did not address what would happen if they disagree.

The state has argued that a strike can't occur until the complaints against the union are resolved.

The board is hearing two prohibited-practice complaints. One of the complaints alleges that the union has been negotiating in bad faith. The second complaint alleges the union sent out illegal instructions to members to photograph and take names of people crossing the picket line.

The HSTA asked today that the second complaint be dropped because the union will rescind the instructions to photograph teachers and the matter is moot

But state deputy attorney general Francis Keeno argued the teachers should admit the practice is illegal.

"If they don't admit they're wrong, they shouldn't be teachers," Keeno told the board.

The board took the matter under advisement.

In arguments on the other complaint, the state accused HSTA of bargaining in bad faith because its 22 percent raise proposal has stayed the same.

However, HSTA's attorney Vernon Yu told the board, "the evidence will show that the union is flexible."

Yu accused the state of being inflexible, saying that the state's proposals haven't changed, with the same $67 million presented each time but with rearranged percentages.

Today's hearing originally was scheduled for April 5, but was moved up so the board could try to resolve the complaints before the strike deadline.

Also this morning, HSTA president Karen Ginoza said the union plans to meet with a federal mediator tomorrow if the state agrees to be there. She said progress was being made when the parties met with the mediator before.

In a breakfast speech before the Chamber of Commerce, Ginoza described the situation as "a crisis," and appealed to Chamber of Commerce of Hawaii members to call the governor and legislators to stress the importance of getting qualified teachers in the state.

She said the union is worried about the recusal of Kunitake, because he represents labor and if the other two members don't agree on the remaining issue, it will hamper plans for an April 5 strike.

Vernon Yu, the union's lawyer, said yesterday's recusal of Kunitake may jeopardize the strike date, but said it isn't clear yet whether the board has to approve a member's recusal.

At a prehearing conference yesterday to discuss technicalities of the hearing, Kunitake recused himself from hearing the state's complaints after state attorney general Francis Keeno questioned his impartiality.

Keeno said Kunitake, without hearing any evidence appeared predisposed to thinking the state's complaints were filed to stall the threatened strike.

But Yu said there is no basis for recusal, because Kunitake "is entitled to investigate such matters as a board member."