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Thursday, December 13, 2012
Supreme Court: Labor Board Can Slow Walk HSTA
By News Release @ 12:16 AM :: 5865 Views :: Education K-12, Labor

News Release from Office of Attorney General

This morning the Hawaii Supreme Court denied a petition by the Hawaii State Teachers Association (HSTA) trying to force the Hawaii Labor Relations Board (HLRB) to prematurely issue a decision regarding the ongoing labor dispute about HSTA's current contract.

The HLRB undertook long and involved hearings lasting over several months about this dispute, and is currently considering all of the facts and legal issues presented in this important and complex case.

The Court’s ruling this morning confirms that the HLRB's determination of when and how to issue a ruling in this case remains in its discretion.  

During this complex labor dispute, the HSTA has attempted several times to force the HLRB to issue a decision.  All of those efforts were rejected.  Today’s ruling represents the second time the Hawaii Supreme Court has reminded the HSTA that the HLRB must be given the opportunity to rule on the labor dispute without interference, as is its responsibility under the law.

The Supreme Court previously rejected the HSTA's request "in light of the extended duration of the evidentiary proceeding (ten months) and the voluminous record" related to HSTA's presentation of their case at the HLRB. 

  *   *   *   *   *

HSTA Statement

“We are pleased with the Supreme Court’s ruling today. The court has agreed with us that the HLRB is subject to the “promptness” requirement under HRS 377-9(d), since the HLRB has consolidated a decision on both the motion for interlocutory relief and decision on the merits of the complaint.”

“We now await a prompt decision from the HLRB, so that teachers can finally have the courts rule on the constitutional issues governing their rights to collective bargaining.”

  *   *   *   *   *

SA:  Supreme Court denies teachers' bid for speedy contract ruling

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