Federal judge may intervene in strike

By Alice Keesing
Advertiser Education Writer

Settle the strike next week, or risk a federal court takeover of the school system.

That was the message from U.S. District Judge David Ezra yesterday as the public teachers' strike dragged into its eighth day with no end in sight.

"He said he wants to encourage the parties to settle," said Hawaii State Teachers Association attorney Vernon Yu after the closed-door meeting in Ezra's chambers. "The encouragement he had was the possibility of the federal government taking control of the school system because of noncompliance with the Felix consent decree."

Ezra's entry into the fray was anticipated.

He warned last month that, while he was reluctant to get involved in a labor dispute, he could step in if it became apparent the strike was negatively affecting the state's efforts to comply with the Felix consent decree.

The decree requires the state to improve services to special-needs children by December. Ezra already has found the state in contempt for not meeting an earlier deadline.

Ezra told the parties that if the strike is not settled when he returns to Hawai'i next Friday he will have to get involved, said Jeff Portnoy, the court-appointed master in the Felix case.

"He told the state and negotiators for HSTA that a federal intervention either now or at the end of the Felix case on December 31 would be devastating to both the teachers and to the state," he said.

Portnoy said a federal takeover of the education system is the most extreme option, and he believes the judge could pursue other

options to curtail the negative effect of the strike on special needs children. He could not say what those options might be.

Eric Seitz, one of the plaintiff attorneys in the Felix case, said he will likely file a motion next week asking the judge to intervene.

After one week, the strike has severely damaged the state's ability to meet the December deadline, he said, and children are not getting the services they are entitled.

"Without a doubt he will do whatever is necessary because he is running out of patience," Seitz said.

That could include appointing a master to run the school system, he said.

That person could order the state to settle no matter what the cost or order teachers back to work, he said.

"At that point ... the right to bargain collectively goes out the window," he said.

Gov. Ben Cayetano yesterday said the strike is a state affair and he hopes the federal government does not intervene.

"However, I can understand why Judge Ezra would be concerned about how the Felix students are being affected by the strikes," he said.

U.S. Rep. Patsy Mink said she doesn't believe Ezra has the authority to take over the education system.

In a matter unrelated to the strike, Seitz said he is asking the court to address the concerns of the departments of education and health that the Legislature is not providing enough money to reach compliance in the consent decree.

The House approved emergency appropriations for Felix on Tuesday after months of delay.

However, Health Department director Bruce Anderson said the House and Senate have cut close to $12 million from the budget request for the next biennium.

That puts the department in a "precarious position" for compliance with the consent decree.

Schools chief Paul LeMahieu said his department's biennium budget request has been cut in half.

Seitz said he will subpoena legislators for the hearing.

Staff Writer Ronna Bolante contributed to this report.