X
GO

Labor board gives green light to HSTA case

Union’s prohibited practice complaint will be heard later this month

The Hawaii Labor Relations Board (HLRB) this week denied the state’s motion to dismiss the Hawaii State Teachers Association’s (HSTA) prohibited practice complaint about the state refusing to bargain with HSTA over rapidly changing coronavirus threats to its members.

The HLRB has set a hearing on the case starting Sept. 23.

As coronavirus cases increased in the state, the HSTA requested impact bargaining with the Hawaii State Department of Education (HIDOE) over the changing community conditions (with COVID-19 spreading) and newly modified instructional plans. The HLRB complaint centers on the state’s refusal to bargain with HSTA over the change in working conditions, especially in light of the exponential growth in the spread of COVID-19 and infections at a growing number of schools since the beginning of August and/or failing to bargain in good faith.

Among the specific issues to be decided in the case:

  • Whether the state committed a prohibited practice and violated HSTA members’ collective bargaining rights by requiring them to report to worksites and/or when the state did not negotiate with HSTA over the impact of a change in working conditions
  • Whether the state committed a prohibited practice by refusing to bargain collectively in good faith with HSTA regarding a change in work conditions
  • Whether the state committed a prohibited practice by refusing to consult and/or negotiate with HSTA over the impact of a change in work conditions and/or over the implementation of management decisions that affect terms and conditions of employment that are subject to collective bargaining; and 
  • Whether the state was required to negotiate with HSTA over the impact of a change in work conditions, and/or over the implementation of management decisions that affect terms and conditions of employment that are subject to collective bargaining, given the management rights listed under HRS § 89-9, the state’s collective bargaining law. 

The HLRB dismissed other portions of HSTA’s prohibited practice complaint which are being addressed in the class grievance the HSTA filed Aug. 17.

The HSTA sent a letter Tuesday to the HIDOE to request in writing key guidance, procedures, and clarification during the coronavirus (COVID-19) pandemic. The HSTA has sought answers and clarification to much of this information for weeks and months. This formal written request follows the class grievance that HSTA filed on behalf of Bargaining Unit 05 employees over violations to the HSTA collective bargaining agreement and memorandum of understanding reached with the state of Hawaii in June.

View the HLRB order here.

More links

Print
Author: Keoki Kerr
0 Comments

x