Labor head is
disciplined for
grabbing worker’s armThe DLIR director is
suspended for five days
Gov. Linda Lingle suspended the head of the state Labor Department for five days for grabbing the arm of one of his employees during a closed-door meeting last month.
"I regret my actions. I made a mistake and I accept the consequences of my action," said Nelson Befitel, director of the Department of Labor and Industrial Relations.
"I can assure you, my employees and the people of Hawaii that it will not occur again," he said yesterday at a news conference at Lingle's office.
Befitel said his unpaid suspension will occur shortly, and he plans to talk to the employee, James Decker at an appropriate time.
"By Nelson holding the employee's arm, it did in fact violate our policy of workplace violence. Any touching of an employee is not allowed," Lingle said.
But Lingle said she had asked Befitel to remain in his position as director.
"I have complete, utmost confidence in his ability to continue to carry out the very progressive reforms that he started in his department and to make certain that people of Hawaii have quality jobs in a safe environment in Hawaii."
The confrontation between Befitel and Decker -- the manager of the Administrative and Technical Support Branch of the department's Occupational Safety and Health Division -- occurred about 8:15 a.m. on July 23 in Befitel's office.
According to an investigation report administered by the state Department of Human Resources Development, Befitel wanted access to the U.S. Office of Occupational Safety and Health's database, but Decker said he needed a written memo from Befitel directing him to "hardwire" his computer.
Based on the report, Befitel had called Decker into his office to discuss his concerns about direct access to the federal database.
According to Befitel's account, Decker started to raise his voice. But Decker stated that it was Befitel who raised his voice.
The report further stated that Befitel started to point in Decker's direction, which made Decker upset. Decker said he told Befitel at least 20 times to stop pointing his finger at him.
As Decker walked toward the door, Befitel stated that he had placed one hand on the door and told him, "We're not done yet." Befitel said he then grabbed Decker's arm with his other hand.
Decker shouted, "Get your hands off me, boy," and broke free of Befitel's grip and left his office.
Decker said yesterday that he was "actually satisfied" with Befitel's suspension but said, "The incident is not over."
Decker filed a police report soon after the incident occurred and will consider filing a lawsuit. A grievance against Befitel was also filed Wednesday with the Hawaii Government Employees Association.
Decker said yesterday that the word "boy" was directed to Befitel's age.
"I used the word boy because I am older than he is," said Decker. It was not meant to be racial or derogatory, he added. "I apologized for making that statement to Mr. Befitel."
Decker also said that Befitel tore his shirt as he attempted to leave his office, but Befitel said he did not.
Decker said he would like restitution for his $69.99 polo shirt. "I would hope that my shirt gets replaced. It was a brand-new shirt," he said.
Decker denied going to Befitel's office to provoke the situation.
The report by investigator Francis Keeno, a special assistant in the Department of Human Resources Development, stated that Befitel could have directed Decker to stop or come back and sit down.
"Grabbing a subordinate (even though the subordinate is attempting to leave a meeting without permission) is, in my considered opinion, still an act of workplace violence," Keeno wrote.
