Teachers union subpoenas governor, others in labor fight

Gov. Neil Abercrombie is one of scores of state officials and union leaders subpoenaed to testify in a labor dispute with the teachers union.

In addition to the governor, the Hawaii State Teachers Association has subpoenaed the state’s chief negotiator, Neil Dietz, schools Superintendent Kathryn Matayoshi, Board of Education Chairman Don Horner and several principals, complex-area superintendents, teachers and labor law experts.

Also among the nearly 90 people called by HSTA are the heads of other public employee unions, a handful of lawmakers — including House Speaker Calvin Say — and Department of Education human resources personnel.

Meanwhile, the state has called nearly 40 people, including HSTA President Wil Okabe, along with several other leaders from the union.

The long witness list illustrates the complexity of HSTA’s “prohibited practice” complaint before the Hawaii Labor Relations Board, in which the union argues that the state violated members’ rights and the law when it unilaterally implemented a “last, best and final” contract offer July 1.

The contract offer included pay cuts, furloughs and higher health insurance premiums, which increased by as much as 110 percent.

The state has said the action, unprecedented in Hawaii public workers negotiations, was needed to avoid big layoffs or cuts in instructional time.

Whether all those subpoenaed will be called to the witness stand is unclear. Motions to revoke subpoenas for the governor, legislators and others have been filed and are scheduled to be heard starting Thursday.

In its motion regarding Abercrombie’s subpoena, the state argued the governor has executive privilege and that others involved in negotiations with the teachers union could provide adequate testimony.

The state also said labor board filings suggest “the purpose of the subpoena is to seek the testimony of the governor not only regarding proposals exchanged between the parties, but also pre-decisional internal communication and deliberation done by the administration.”

A motion to quash a subpoena for University of Hawaii Professional Assembly Executive Director J.N. Musto has also been filed. Musto said that he has “absolutely no idea what they want to question me about.”

UHPA added friction to the conflict last week when it sent an email to its members questioning the actions of HSTA in calling other unions’ leaders to the witness stand, creating “unnecessary drama” and making arguments that “jeopardize the rights of public sector unions, including the right to strike.”

HSTA has argued it cannot strike with pending cases before the labor board, something UHPA disagrees with. HSTA has also said other public workers have gotten better contracts at the expense of teachers.

HSTA did not return calls Monday for comment on its witness list, but it told its members Friday that UHPA’s email suggested “we are wrong to exhaust our legal options.” It added, HSTA will “exercise every legal right we have … and fight with every ounce of energy we have.”