Judge says decree
not a bargain chip

The Felix decree shouldn't be
a factor in teacher talks now

Hawaii State Teachers' Association
State of Hawaii Web site

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By Crystal Kua
Star-Bulletin

THE FELIX CONSENT DECREE shouldn't be used as "bargaining chip" in the ongoing contract negotiations to avert an April 5 teachers strike, a federal judge said this morning.

U.S. District Court Judge David Ezra's comments came during a hearing to discuss a state's motion to give the governor the power to override collective bargaining and other state laws to comply with the court order to provide services to special needs students.

Ezra said he was reluctant to give the governor "blanket authority" because, among other reasons, of its potential impact on the impending strike.

Meanwhile, talks between the Hawaii State Teachers Association and the state could resume as early as tomorrow.

Negotiations yesterday included discussions on how to get merit pay but did not include wage proposals.

Joan Husted, HSTA's chief negotiator after the four-hour bargaining session, said both sides are going to review figures and may talk about salary in their next session.

Davis Yogi, the state's chief negotiator, said the meetings provided time for both sides to clear up any misunderstandings. "We're also trying to reach a settlement, and that's what the whole purpose of having these meetings informal. ... It's open, frank and now hopefully we can get where we need to be," said Yogi, who met with the teachers at his office. "I think we're back on track."

The Hawaii Labor Relations Board is considering a state complaint that the union hasn't moved from its original proposal.

But the union has said it informally offered a propoal that is about $100-million less than its original proposal of about $260 million.

The union's $160 million counterproposal could be configured in a way in which a 22 percent raise could still be possible, Husted said.

The state -- which argues the union's original 22 percent proposal costs closer to $294 million -- is also alleging that the union illegally instructed its members to photograph and identify anyone who crosses the picket line in the event of a strike. The union has since rescinded those instructions.

If either complaint is upheld by the board, that could prevent the union from striking.

No matter what the board's decision, both sides will continue to talk to settle the contract, Yogi said.

"I think both parties are trying," Husted said. "The question is still going to be whether or not the state will move off $67 million. That question was not asked (yesterday) and it was not answered at this particular meeting because it wasn't the purpose of the meeting."

But Yogi said it's premature to say whether Gov. Ben Cayetano will allow him to settle for anything more than $67 million, the total cost of the state's proposals so far to the HSTA.

Yogi testified at Tuesday's hearing that he has not had the authority in the past to settle for more than $67 million.

The state's current offer includes a range of increases from 10 percent to 20 percent with an average of 12 percent.

Yesterday's discussions centered on the salary schedule known as Model O, a combination of standard and performance-based salary schedules.