Bill seeking quick action by labor board is deferred

The teachers union apparently won’t get any help from lawmakers in prompting the Hawaii Labor Relations Board to rule on its lingering prohibited-practice case.

A Senate committee Friday tabled a bill supported by the Hawaii State Teachers Association that would have forced the labor board to act on complaints within a 30-day window. If not, complaints would by default be resolved in favor of the complainant, under the proposal.

HSTA President Wil Okabe testified in favor of Senate Bill 1248, saying teachers have been "denied a prompt decision" in the union’s pending case.

The HSTA says the state violated members’ collective bargaining rights when it imposed a "last, best and final" offer in July 2011 that included pay cuts and a larger share of health benefit costs.

Teachers remain at a standstill, unable to strike or take the matter to state Circuit Court, without a ruling on the union’s complaint before the labor board, Okabe said. A final hearing in the case was held in May.

"Obviously, we’re very disappointed that the Senate did not recognize that teachers’ rights have been violated and did not move this forward," Okabe said.

"Nine months is just too long," he said, referring to the labor board’s inaction. "The HLRB feels that acting ‘promptly’ means they can take as long as they want."

The HSTA had also turned to the Hawaii Supreme Court for relief, seeking an order that the Hawaii Labor Relations Board make a decision. But the high court late last year denied the petition.

The teachers union was a lone voice in favor of the failed Senate measure, introduced by Sen. Clayton Hee (D, Kaneohe-Kunia), chairman of the Judiciary and Labor Committee, which deferred the bill indefinitely.

The labor board testified that it could not support the bill, citing concerns about its small staff size and a growing backlog of cases.

Okabe said the teachers union is hopeful that a companion House bill will survive. House Bill 577 had not been scheduled for a hearing as of Friday afternoon.

The House Labor Committee did, however, advance HB 578, which would prohibit a public employer — such as the Department of Education — from imposing a collective bargaining proposal without agreement from the representing union.

Okabe testified that the bill would "ensure that no other employee organization will be forced into an illegal and lengthy battle with its employer."