A bill seeking to prevent the state from unilaterally imposing labor contracts on employees is likely dead for this session, but the teachers union is hopeful the measure will be revived.
House Finance Chairwoman Sylvia Luke on Friday deferred action on House Bill 578, which would ban a public employer — such as the Department of Education — or public employee from implementing a collective bargaining offer without agreement from the representing union.
"We just wanted this in a bill so that no other union will be put through the illegal and lengthy situation that teachers have been," Hawaii State Teachers Association President Wil Okabe said.
The HSTA says the state violated members’ collective bargaining rights when it imposed a "last, best and final" offer in July 2011 that included teachers absorbing pay cuts and a larger share of health benefit costs.
The bill previously cleared the House Labor and Public Employment Committee with no major objections.
In deferring HB 578, Luke (D, Punchbowl-Pauoa-Nuuanu) told Finance Committee members she would discuss the issue further with Labor Committee Chairman Mark Nakashima. Luke and Nakashima did not immediately return calls for comment.
"Although we’re disappointed, we’re hopeful that we’ll be able to help clarify any questions or concerns," Okabe said after the hearing. "It’s not dead yet."
Schools Superintendent Kathryn Matayoshi opposed the bill, noting in written testimony that the ability to unilaterally impose contracts is "used throughout the nation when parties reach impasse in bargaining."
The HSTA has also taken the matter to the Hawaii Labor Relations Board, filing a prohibited-practice case that contends the state acted in bad faith when it imposed the 2011 contract. A decision in that case is still pending from the labor board, nearly nine months after a final hearing.
Teachers are unable to strike or take the prohibited-practice matter to court without a ruling on the union’s complaint before the labor board.
