Key legislators won’t have to testify before the Hawaii Labor Relations Board in a labor dispute involving the teachers union, the board has ruled.
The governor would not have to appear, either, the board said, unless the union can prove the information he would provide couldn’t be given by other witnesses.
Six legislators and Gov. Neil Abercrombie were among nearly 90 people called by Hawaii State Teachers Association attorneys to appear before the labor board in the union’s ongoing case against the state.
In an order issued Thursday, the labor board ruled the legislators have immunity from subpoenas and do not have to testify.
The subpoenaed lawmakers included Senate President Shan Tsutsui, House Speaker Calvin Say and state Sen. Jill Tokuda, chairwoman of the Senate Education Committee.
HSTA is before the labor board as part of a "prohibited practice" complaint, 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.
Proceedings in the labor case resume Thursday.
The "last, best" contract offer included pay cuts and furloughs that amounted to a 5 percent wage reduction and higher health insurance premiums, which increased by as much as 110 percent.
The union argued that it needed to question lawmakers on the budget talks that led to required labor savings for state workers.
The state, meanwhile, argued that the legislators have immunity. The labor board agreed, citing the state Constitution, which says no legislator can be compelled to appear before another body to testify about actions or statements made "in the exercise of the member’s legislative functions."
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 union argued the governor’s testimony was vital to determining what was behind the state’s decision to impose a contract for Hawaii’s 12,500 teachers, an unprecedented action in Hawaii public worker negotiations.
In its order the labor board said that "ultimately … the governor is a public employer" for teachers and may have "unique relevant information which cannot be provided by other witnesses."
The board told the union to call its witnesses, "except rebuttal witness, and then make an offer of proof that the governor has uniquely relevant, specific and admissible information which could not be provided by other witnesses."