Teachers ask isle high court for help

The teachers union turned to the state Supreme Court on Monday in its bid to seek relief from the wage reductions and higher health insurance premiums imposed July 1.

The union’s filing asks the court to order the Hawaii Labor Relations Board to rule on the union’s petition for interlocutory relief, in which it asks for reinstatement of the teachers’ previous contract terms.

The labor board wrapped up discussions on the petition Aug. 10, but has not issued an order.

Hawaii State Teachers Association President Wil Okabe said the Supreme Court filing does not seek a ruling on the constitutional questions before the labor board, that is, whether the state has the authority to unilaterally implement a "last, best and final" contract offer.

Rather, he said in a statement, "This filing asks the court to order the executive branch agencies to do the job our laws require them to do. Once they do, we will then have the opportunity to bring the significant constitutional questions to the Supreme Court."

Meanwhile on Monday, there was no movement to resume negotiations in the labor dispute, though the governor told teachers on Kauai over the weekend — in a conversation that found its way to YouTube — that he is willing to sit down with the union at any time.

Gov. Neil Abercrombie also said he wanted to have a counterproposal from the teachers union, something he has been seeking for weeks.

Okabe was critical of the governor’s statements, saying, "He hasn’t given us a reason to have faith in him." HSTA also resumed its call for the governor to agree to binding arbitration.

Okabe told the Star-Advertiser Monday night that he had not received a formal invitation from the governor to resume talks and said he believes arbitration is the only option. The state says it is not interested in arbitration.

"We believe through mediation and arbitration, we can bargain in good faith," Okabe said. "When the governor says he lost faith in the negotiation process, the best way is to get a third-party arbitrator to be objective."

Donalyn Dela Cruz, spokeswoman for Abercrombie, said his statements on Kauai are no different than what he has said in the past.

"If HSTA comes back to the table with a proposal, then the governor is open to that," Dela Cruz said. "It hasn’t changed anything on our end."

The Kauai video is the second time neighbor island teachers have videotaped Abercrombie responding to questions about why negotiations have not started again. Earlier this month, teachers on Hawaii island did the same thing, urging Abercrombie to resume talks to hammer out a contract.

Hawaii’s 12,500 teachers have been working under an imposed contract offer since July 1, when the state unilaterally implemented pay cuts, furloughs and higher health insurance premiums after being unable to reach a deal with HSTA. The state says the labor savings was needed to avert layoffs.

But the union says that the state walked away from negotiations with nearly two weeks remaining on the teachers contract that expired June 30, and argues the imposed contract violated members’ rights and the state Constitution.

HSTA has filed a "prohibited practice" complaint with the Hawaii Labor Relations Board and proceedings are slated to resume today.

Jim Williams, the Board of Education’s representative in negotiations with the union, is one of nearly 90 people called by HSTA to testify in its case. Also called by the union: Abercrombie, several state lawmakers, principals and teachers.

The state, meanwhile, has called about 40 people, including Okabe.