Friday, July 19, 2024
Hawai'i Free Press

Current Articles | Archives

Friday, December 11, 2020
Labor Board: Governor’s Emergency Powers ARE Limited -- Collective Bargaining Agreements Cannot be Touched
By News Release @ 12:00 AM :: 5805 Views :: Kauai County, Labor, COVID-19

Kauai 4-10 update: HLRB rules Collective Bargaining was NOT suspended; Imposed 4-10 Work Schedule Rescinded by Mayor Kawakami

News Release from HGEA, originally posted July 23, 2020

On Monday, July 20, the Hawaii Labor Relations Board (HLRB) issued a precedent-setting oral ruling in HGEA's favor stating that HRS Chapter 89 (Collective Bargaining) was NOT suspended when Governor Ige issued emergency proclamations relating to COVID-19, as Mayor Kawakami has maintained. Prior to the Board's decision, Kawakami issued an advisory stating that the 4-10 work schedule his administration mandated and unilaterally imposed in May will end on July 27, 2020.

“We're pleased with the confirmation by the Board of what we have maintained that HRS Chapter 89 was not suspended in its entirety by the Governor. We also believe that this decision supports our position that the County cannot unilaterally change work weeks without first consulting and negotiating with HGEA,” said Stacy Moniz, HGEA Advocacy Chief. "We're not against the idea of modifying work schedules to protect employee health and safety, but we're strongly opposed to the way the administration refused to bargain and unilaterally implemented the change on all county workers. This ruling enforces the fact that the County is still bound by Chapter 89 and they need to honor our members' respective contracts even during a pandemic."

The hearing on the merits is scheduled to begin on Monday, July 27, 2020 at 10:00 a.m. and will continue through July 29, 2020. (The hearing is open to the public and will begin at 10:00 a.m., daily.) Limited attendance will be permitted via Zoom.


In a separate arbitration, HGEA will pursue overtime compensation for all affected employees who worked more than their contractual 8-hour shifts during the imposed 4-10 work schedule. We will keep you updated on this matter via eBulletin

  *   *   *   *   *  

Labor Board: Governor’s Emergency Powers ARE Limited -- Kauai County returns to 5-day ‘work’ week

TGI July 27, 2020: …the county will resume five-day operations Tuesday. But the initial decision was still contentious.

In May, the Hawai‘i Government Employees Association filed a prohibited-practices complaint against the county with the Hawai‘i Labor Relations Board, alleging the county intentionally and willfully violated collective-bargaining laws in Chapter 89, Hawai‘i Revised Statutes, which states the county must consult and negotiate provisions affecting changing employee work conditions, and work toward a mutual consent and agreement.

On July 20, the board denied motions filed by the county to dismiss the prohibited-practice case concerning the mandatory four-day, 10-hour-day work schedule, and precluded HGEA from introducing testimony and evidence that Gov. David Ige did not suspend HRS Chapter 89.

The board ruled that Ige’s emergency proclamations did not suspend HRS Chapter 89 in its entirety.

“We also believe that the board’s rulings support our position that Kaua‘i County cannot unilaterally change employees’ work schedules without first consulting and negotiating with HGEA,” the union said in a statement to The Garden Island Friday….

read … County returns to 5-day work week


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together


Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii