Student leaders working to unionize graduate assistants at the University of Hawaii said they plan to appeal a First Circuit Court rejection of their lawsuit seeking the right to engage in collective bargaining with the university.

In a ruling filed Friday, Judge James Ashford granted motions by the UH Board of Regents and the Hawaii Labor Relations Board to dismiss the lawsuit. The judge agreed with the Board of Regents, which argued it wasn’t the right entity to sue, and with the HLRB, which said the claimant had not exhausted all of its remedies before going to court.

However, leaders with Academic Labor United, representing UH grad assistants, said the suit was dismissed on technicalities to avoid setting a precedent.

“The judge did not want to rule on this case because he didn’t want it to affect other workers’ collective bargaining claims,” said Kawena‘ulaokala Kapahua, one of the organizing chairs of Academic Labor United.

“Rather than bravely challenging the state’s decades-long denial of workers’ rights, he ruled on a technicality to force our appeal,” ALU chairman Alex Miller said in a statement.

Article XIII of the Hawaii Constitution gives public employees the right to organize and bargain collectively. But the Hawaii Labor Relations Board determined in 1972 that graduate assistants are not public employees and cannot organize or join the UH faculty and staff unions.

Several bills have been introduced at the Legislature to overturn the labor board’s ruling, but none have survived to become law. In 2015, House Bill 533 passed the House and Senate but was vetoed by Gov. David Ige. In 2020, a bill died in the House.

In addition to the lawsuit, the ALU said it is once again working with lawmakers in hopes of winning the union. Rep. Amy Perruso (D, Wahiawa-Whitmore- Poamoho) and Sen. Laura Acasio (D-Hilo) are expected to reintroduce a bill that would compel the UH administration and the state to bargain over issues such as fair pay, paid sick leave, job security and protections against harassment and abuse.

Kapahua said the bill may have a decent chance of becoming law this year, especially with the litigation helping to bring a new spotlight on the issue.

“Our constitutional rights are being denied,” he said.

On the mainland there are dozens of labor unions representing university graduate assistants — students who are employed to teach classes, conduct research and perform clerical duties.

UH spokesman Dan Mei­senzahl on Wednesday declined to comment specifically on the lawsuit.

Previously, UH opposed bills introduced at the Legislature that would give GAs collective bargaining rights because the university considers GAs to be students first and employees second, and the university questioned whether unionization would actually offer a financial benefit to graduate assistants.

“A graduate assistant position is not a long-term career,” Meisenzahl said, adding that GA positions are an integral part of graduate education and include training designed to help students prepare for their future careers or to advance in current careers.

Grad assistants, he said, receive compensation for their work as well as the benefit of a tuition exemption. The minimum step used at UH-Manoa is $18,930 for nine-month appointees and $22,140 for 11-month appointees.

Other benefits for GAs who work at least 20 hours a week include enrolling in the same health and benefit plans as unionized UH employees and access to a parking permit if requested by their unit of hire. GAs can file employment-related grievances, which includes reporting supervisors, and GAs who are also full-time students are exempt from the FICA tax.

“The university is very appreciative of its GAs, and has worked with the Graduate Student Organization, part of our campus governance, to address many of the issues raised by GAs in recent years and will continue to do so,” Meisenzahl said.

But Kapahua said there are still many inequities for graduate assistants.

For example, he said, “During the pandemic, there is no option for sick leave. So grad students with COVID are still having to work and can’t afford to take the time off.”