The HSTA arbitration victory sets precedent for state office educators across Hawaiʻi
Posted: May 13, 2025
When educators at the Office of Information Technology Services (OITS) organized their union structure, elected their Association Policy Committee (APC) representatives, and requested a meeting with their director, they were met with an unexpected response. The Hawaiʻi State Department of Education’s state personnel officer claimed that the APC language in the Hawaiʻi State Teachers Association contract did not apply to state office teachers.
But the OITS teachers didn’t back down. Led by Head Faculty Representative John Roldan, the newly elected APC stood firm, filing a grievance to defend their rights, not just for themselves, but for hundreds of other teachers working in nontraditional settings across the state.
“We advocated for our rights as BU05 members, and we are pleased with the decision in our favor,” said Roldan. “I’m grateful that our UniServ Director was able to guide and facilitate us through the grievance and arbitration procedures.”
At the heart of the dispute was the word “school.” The employer argued that because OITS is not a traditional K–12 school, the contract’s APC provisions did not apply. But HSTA showed that the contract has always treated the word “school” as interchangeable with “worksite,” especially in practice. From grievance representation to bulletin board rights to staff meetings and policy consultation, HSTA has long held that every BU05 member, regardless of where they work, is entitled to the same union rights.
After a full arbitration hearing, the arbitrator sided with HSTA and upheld the grievance. In his decision, he confirmed that the HIDOE must recognize the OITS APC under Article IV of the collective bargaining agreement. He emphasized that teachers working in office settings are still covered under the contract’s language and that “APC representation at OITS meetings is mandatory, not discretionary.” This decision directly impacts the rights of OITS educators and reinforces protections for state office teachers across Hawai‘i.
The win also protects the broader consultation rights under Hawaiʻi law. HRS § 89-9(c) requires HIDOE to consult with HSTA on major policy changes affecting employee relations. Without a recognized APC, there was no formal mechanism to ensure that office-based teachers had a voice in decisions impacting their work.
“I’m glad to see that the process works,” said OITS educator Cathy Fukada, reflecting on the outcome.
Justin Jansen, who is the HSTA UniServ Director for the majority of state office teachers across the islands, represented the group in the arbitration.
“This case is a powerful reminder that when educators organize and stand together, they can defend their rights—even against systems of exclusion,” Jansen said.
“Through months of organizing, testimony, and solidarity, OITS teachers not only reclaimed their voice at the table—they helped ensure that no public school teacher in Hawai‘i, regardless of worksite, is left out of the protections of the union contract,” Jansen added.
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