Union to drop complaint if teachers OK new pact

If public school teachers ratify a proposed labor deal reached over the weekend, the teachers union has pledged to withdraw its complaint against the state over the "last, best and final offer" imposed on teachers in 2011.

While some teachers called the concession disappointing, union leaders say the lengthy legal battle was successful in getting the parties to reach a fair deal. Hawaii State Teachers Association President Wil Okabe said the four-year deal, with a $320 million price tag, is "far superior" to previous offers the state made.

"At the time that the (2011) contract was imposed, there were only two options: to strike or take it to the labor board," Okabe said. "We entered this labor board dispute because we wanted to, No. 1, get the employer to negotiate in good faith to get a contract. … With the compensation, medical benefits and clarification of the teacher evaluations included in this tentative agreement, we felt this brings a closure to two years of litigation."

The proposed 2013-17 contract in its first year would restore a 5 percent pay cut made in 2009. Teachers would see salary boosts through a combination of across-the-board increases and pay grade step-ups in alternating years. Raises would be tied to performance evaluations and student achievement beginning July 1, 2015.

Teachers’ health premiums would also decrease to a 40 percent share for teachers versus the 50-50 split imposed in the current contract.

If ratified by the teachers union, the agreement would go to the Legislature for a decision on whether to fund the increases.

Over nine months in 2011-12, the HSTA’s legal team argued and pushed its case before the Hawaii Labor Relations Board, claiming the state violated members’ collective bargaining rights when it unilaterally imposed a contract that saddled teachers with pay cuts and a larger share of health insurance premiums. Hearings in the prohibited-practice case ended last May, but no ruling has been made.

The union turned to the Hawaii Supreme Court to protest the board’s delay in making a ruling, but that effort failed. The HSTA again petitioned the Supreme Court in January to compel the board to issue a decision, but that bid was denied. Similar lawsuits were unsuccessful in Circuit Court.

UNION OFFICIALS would not say how much has been spent on the complaint, but some have privately estimated legal costs at upward of $700,000.

"I understand that it was necessary as a negotiating tactic, but it’s disappointing the HSTA is dropping the HLRB lawsuit," said Doug Robertson, a fourth-grade teacher at Kaleiopuu Elementary. "That’s something I worry can happen again and I hope we pursue other means to ensure the governor cannot impose a contract on teachers or any other union. That wasn’t fair and that was insulting."

Okabe said the union is hopeful that legislation it lobbied for this year will help. One bill would prohibit a public employer, such as the Department of Education, from imposing a collective bargaining proposal without agreement from the representing union. Another would force the labor board to act on complaints within a set time frame.

"We believe that although we are ending this … that the Legislature can address the LBFO (last, best and final offer) and labor board issues," Okabe said.

A ratification vote has been set for April 17, and the HSTA has launched an outreach effort to avoid a repeat of last year’s failed vote.

In January 2012, teachers voted overwhelmingly against a six-year contract, with many of them saying at the time that they didn’t understand the terms. When teachers voted again and approved that contract in May, Gov. Neil Abercrombie said the deal was no longer valid.

"Teachers really need to take ownership of this contract and they need to vote. This is very serious," Okabe said. "We encourage them to have a voice."

Teachers say they’re pleased with the pay raises included in the deal, but complain that Teacher Portal website (www.teacher­portal.com) ranks Hawaii teacher pay lower than many other similarly sized school districts, especially when the cost of living is factored in.

Hawaii public school teachers, including nonclassroom and 12-month teachers, earn an average annual salary of $53,120, according to the state Department of Education.

"There are some really good elements in this, but how long will it take before Hawaii can offer competitive salaries?" said Justin Hughey, a special education teacher at King Kamehameha III Elementary on Maui. "I’d still need to work two jobs with this contract."

Robertson added, "The 3 percent is nice, but obviously we would’ve liked more money as with all negotiations. Equity in pay for Hawaii’s teachers isn’t going to change with one contract, but we’re moving in a direction that shows some respect for teachers."

The tentative agreement includes a so-called reopener clause in 2014 allowing HSTA to negotiate for increased compensation once a salary study called for in the contract is completed.

Teachers say they’re feeling more comfortable about the DOE’s impending roll-out of new evaluations under provisions in the new deal.

An evaluation system being piloted in 81 schools this year is scheduled to be implemented statewide next school year, but no personnel consequences would kick in for current teachers under the contract.

The DOE and HSTA would form a joint committee to review the design, validity and reliability of the performance evaluation system and recommend changes to improve design and implementation.

"After trying to digest what has come down, it does seem that there are provisions in there that help quiet my concerns regarding the evaluations," said Alan Isbell, a fourth-grade teacher at Wailuku Elementary. "It goes far to make people a little more comfortable with it."

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PROPOSED SALARY INCREASES FOR TEACHERS

Beginning July 1, 2015, only teachers rated as “satisfactory,” “effective,” or “highly effective” would be eligible for any pay increases in the year after the evaluation rating.

2013-14 SCHOOL YEAR
>> 5 percent pay cut restored.
>> All teachers move up one step on the salary schedule (roughly 3 percent pay increase). Teachers already at the top of the HSTA pay scale receive a one-time $1,500 bonus.
>> Teachers paid for 21 additional hours of professional development.

2014-15 SCHOOL YEAR
>> All teachers receive a 3.2 percent increase.

2015-16 SCHOOL YEAR
>> All teachers move up one step on the salary schedule. Teachers at the top of the HSTA pay scale receive a one-time $1,500 bonus (excluding those who previously received it).

2016-17 SCHOOL YEAR
>> All teachers receive a 3.2 percent increase.

Source: Hawaii State Teachers Association