In a surprise move Thursday, Hawaii Labor Relations Board member Sesnita Moepono recused herself from a case involving the state’s unprecedented decision to impose a contract for teachers because her husband is a member of the Hawaii State Teachers Association.
Moepono’s recusal, which means she will no longer participate in any aspect of the case, brings the number of HLRB members hearing the union’s complaint to two — and raises the possibility of a tie decision.
Moepono, who decided not to participate in the case after a ruling Wednesday from the state Ethics Commission, pointed out that neither the state nor union attorneys ever questioned her ability to rule impartially.
However, others did — including, she said, members of HSTA.
At times becoming choked up during her announcement, before proceedings began, Moepono said she is "concerned with the accusations, innuendos and scurrilous remarks made about my integrity."
She added she has repeatedly made her husband’s HSTA membership known publicly. Moepono’s husband, a student services coordinator with the Department of Education, attended the hearing Thursday.
"Our careers have strictly been our own achievements," Moepono said, adding she has been disheartened to see the "attacks that have been hurled against me by his own union, his colleagues." She did not make clear where the statements were made, but such comments have appeared online.
Moepono’s departure was another twist in a labor dispute dragging into its second month and growing increasingly tense, with each side accusing the other of being unwilling to compromise to resume contract talks.
The state unilaterally implemented a "last, best and final" offer for teachers on July 1, after months of negotiation failed to produce a contract. The imposed offer included wage reductions and higher medical premiums.
The union argues the move — a first in public-sector negotiations in Hawaii — violated teachers’ rights, while the state says it was necessary to realize labor savings and avoid dire consequences such as big layoffs.
After Moepono’s departure, state Deputy Attorney General James Halvorson said he has concerns about the prospect of a two-member board and the loss of the board member charged with representing employers.
Under state law each member of the three-person board represents different interests — one each for the employer and employee, and one (the chairman) is charged with representing the public in proceedings.
"In a very, very important case, the employer is now left without its employer representative," Halvorson told the board after Moepono left the hearing room. Halverson added that he would research state law to determine whether someone else could be appointed to fill the vacancy.
But he added that he knew of no provision to fill a recusal vacancy.
"I don’t know what my options are," he said after the hearing.
Also Thursday the labor board dismissed HSTA’s claims that the state acted improperly when it sent a letter to the board Aug. 10, asking that a mediator be designated and mediation be authorized under certain terms.
The board has not acted on any of the state’s requests.
The teachers union argued the state’s letter jeopardized the impartiality of the labor board and was an unauthorized ex parte communication, which generally refers to correspondence involving one party in a competing case.
The labor board ruled the letter, signed by the governor, schools superintendent and Board of Education chairman, was not prohibited because it was shared with the union on the same day it was sent to HLRB.
HSTA attorney Herb Takahashi asked if the letter was not meant to influence board members, "why was it not filed in the open courtroom?"
"If it was sent to a court, the court would immediately reject it," Takahashi said. "The only impediment that stands between what they did and justice is this board, the integrity of this board."
Halvorson scoffed at HSTA’s arguments, comparing them to the Nazi Germany "concept of the big lie, that if you say it often enough, the people will start to buy into it." He added that the letter asks for a settlement conference in response to calls from the union to enter mediation.
After the hearing, HSTA President Wil Okabe called Halverson’s statements "offensive" and said the union would continue to pursue a filing on the matter before the state Ethics Commission.
"We have to look at the whole process," Okabe said. "The HSTA’s intention was never to discredit the board. We just want it to be fair."
