Tuesday, June 18, 2024
Hawai'i Free Press

Current Articles | Archives

Sunday, November 11, 2012
Abercrombie Admin: HSTA Position 'Fundamentally Flawed'
By News Release @ 5:04 PM :: 5680 Views :: Energy, Environment

FULL TEXT: Hawaii Labor Relations Board's Response to the Supreme Court.

* * * * *

HSTA petition 'flawed,' state says

SA: The state has called a Hawaii Supreme Court petition filed by the teachers union that seeks relief from the terms of an imposed contract "fundamentally flawed."

In a filing with the court Thursday, the state also said the Hawaii Labor Relations Board has "exclusive jurisdiction over prohibited practice complaints."

The labor board also argued, in a separate filing, that granting the teachers' petition would be inappropriate.

The filings were in response to an October court ruling that directed the state to respond to the union's request that teachers be restored to the contract terms they were under before a "last, best and final" offer was imposed in July 2011.

read … Flawed

* * * * *

Hawaii State Teachers Association's Position on HLRB's Response:

From HSTA ContractfortheFuture.org November 9, 2012

Teachers have been denied a "prompt" decision from the HLRB as lawfully provided under HRS 377-9D. Over five months after the final hearing date, the labor board now says it has the discretion to respond when it's good and ready. Meanwhile, teachers are continuing to be deprived of exercising their constitutional rights to collective bargaining and prohibited from exercising their statutory right to strike.

Our motion for interlocutory relief was filed over a year ago to stop the forced contract take-aways at least until the labor board decided the legal issues. We sought relief from the deep cuts to our pay and health care premiums. We sought relief from the imposed furlough days for all public school teachers. The labor has failed to respond to our motion, and the Supreme Court ordered them to answer.

The labor board is telling the Supreme Court it has the discretion to take as long as it wants, possibly years, to render a decision. The labor board has offered no timetable. This position makes the statute virtually meaningless. Until we exhaust the HLRB process, we cannot even proceed to the court on the constitutional issues.

This could be a recipe for any governor to simply bypass good faith bargaining, impose his will over the contract terms, and rely on the appointed labor board to delay justice.

We cannot speculate on how or when the Supreme Court will react to the HLRB's response, but we hope the court will consider the harm caused by these delays.

---30---

Related: Hirono Joins HSTA Protest Against Abercrombie

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

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

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

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

HiFiCo

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

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii