HSTA wants The Hawaii State Teachers Association is asking the state labor board to implement the contract ratified by teachers on April 24 after a statewide strike.
labor board to
resolve dispute
The state and the union still
disagree over a bonus clauseBy Crystal Kua
ckua@starbulletin.com
"We do believe we have a contract that teachers bargained for, they voted for and they ratified a contract and the governor announced also that we have a very good contract," HSTA President Karen Ginoza said. "We would like our contract implemented, all of it."
The request came in a prohibited practice complaint filed yesterday with the Hawaii Labor Relations Board against Gov. Ben Cayetano and the Board of Education.
The complaint comes in a dispute between the state and the teachers union over 3 percent bonuses to be paid to teachers who hold master's degrees and professional diplomas.
The HSTA cited language in the contract that says the bonuses should be paid 3 percent each year of the remaining two years of the contract.
The state says the contract language isn't accurate and doesn't reflect what both sides actually agreed to: a one-time payment that now amounts to $9.7 million.
"Going to the Hawaii Labor Relations Board is really the fastest route in order to get our contract implemented," Ginoza said. "This is the right venue to take our case."
Teachers in meetings across the state last week wanted to go through legal channels, and the union's executive board on Saturday gave the green light to go ahead.
The state must respond to the complaint within 10 days, and the board must hold a hearing within the next 40 days.
But both sides could then appeal any decision to the state courts.
"We'll wait for service of the complaint and will answer accordingly," Deputy Attorney General Kathleen Watanabe said when asked for a response to the filing of the complaint.
"We haven't been served, so we can't respond," said the state's chief negotiator, Davis Yogi.
The complaint alleges that the state's refusal to implement the contract ratified on April 24 is a refusal to bargain in good faith.
Vernon Yu, the HSTA attorney, said the state and the teachers union both had a chance in the hours before ratification to peruse the contract language before having the membership vote on the settlement that ended the three-week strike.
"The parties met. The purpose of the meeting was to finalize the language for the agreement, and all the parties knew whatever they agreed to would go to ratification," Yu said. "The parties went through it line by line."
Yu said that in previous cases the courts have ruled that a contract exists.
Ginoza said the delay in implementing the contract is not helping to address the teacher shortage, and teachers who had contemplated holding off retirement because of the settlement package say they are now going to leave.
"Teachers are not happy being in schools without the contract," Ginoza said.
>> HSTA Web site
>> State Web site
>> Governor's strike Web site
>> DOE Web site