The entrance of federal mediators between Hawaii’s public teachers union and the state administration would be a logical step in resolving a ridiculously longtime contract dispute. While no contract agreement can be forced by such sessions, federal counseling has been effective in the past. The union should agree to Gov. Neil Abercrombie’s proposal to sit at the federal table and end an absurd labor battle.
In a letter to the Hawaii State Teachers Association, Abercrombie said his proposal to utilize the Federal Mediation and Conciliation Service, which charges no fee, "is not about establishing who is right or who is wrong, but rather to re-engage HSTA in discussions which can lead to a resolution of the issues that separate us."
It has worked for the teachers before. In 2004, public school teachers’ union and state negotiators for the Lingle administration reached a salary raise for educators in a two-year, 2003-05 contract after more than 10 hours of federally mediated talks.
Granted, the current circumstances are more bizarre. The dispute began more than a year ago, when Abercrombie unilaterally implemented a "last, best and final" six-year contract offer, running proactively from July 2011 through June 2017. It included 5 percent wage reductions and higher health insurance premiums in order to avoid massive layoffs.
In January, two-thirds of the teachers rejected the administration’s proposal, and further talks were stalled. In May, nearly two-thirds of those voting online or by phone agreed to the same proposal, but the administration responded that what amounted to a straw poll was invalid because the proposed contract had been killed by the earlier vote. We agree; that is a simple matter of labor law.
Wil Okabe, the HSTA president, now says he is "open to the discussion" of federal mediation and the union’s executive board is scheduled to meet Monday to discuss the invitation. Enough coyness — it is well past time for this dispute to be settled.
The pay cuts in the contract proposal would last through next June, at which time a new salary schedule would recognize each teacher’s length of service. It also contains a new system of wages reflecting teacher performance. Those changes would be important to maintain a $75 million Race to the Top federal grant reflecting student academic growth.
All this time, Abercrombie has invited the union back to the bargaining table, but the union refused to do so, insisting on waiting for the state labor board to decide whether the "last, best and final" offer violated members’ rights. It remains unclear, though, when that decision would come. Meanwhile, no resumption of contract talks was planned.
The governor’s proposal that both sides go before federal mediation would provide the union a way to save face while going forward with a contract, albeit with concessions created by the floundering economy. Not so long ago, the opposing sides were able to agree on the terms for a new contract; unfortunately, though, just not at the same time, when it counted. Now, HSTA’s executive board should approve the mediation as the best way to seek an end to a stalemate that is in the worst interest of its members and of public education.