Teachers union mulling over state counteroffer; end of strike still uncertain

By Alice Keesing
Advertiser Education Writer

Ending Hawaii's crippling teachers' strike hinges on the Hawai'i State Teachers Association's response to a counteroffer the state has handed to the union today, Gov. Ben Cayetano said this afternoon.

After meeting with negotiators at the stateCapitol, the governor said the ball is back in the union's court. He said the Hawai'i State Teachers Association representatives are now going over his counteroffer, which represents his answer to a package hammered out after a 16-hour negotiating session that ended at 4:45 a.m. today.

"That's all I can say...I'm not going to make any more predictions," Cayetano said, alluding to his expressed hope that the strike would end by this weekend.

While HSTA executive director Joan Husbed said it was "too early to say" whether a tentative settlement would be reached by tonight, both sides "had come to agreement on concepts, but not the numbers," she said.

The day started optimistically with signs that the bitter labor dispute might be headed for its end game. One union official characterized the two sides at that point as "extremely close" after last night's long bargaining session.

Before negotiators reconvened for meetings this afternoon at the Capitol, the Hawai'i State Teachers Association board of directors had scheduled a meeting. Any agreement between the striking teachers and the state would require the approval of the HSTA board. By early evening, it was not clear if the governor's counteroffer would be accepted.

If a tentative settlement emerges from the latest round of meetings, teachers could vote on the deal tomorrow and be back in the classrooms on Monday. Schools would then be open to students on Tuesday.

The two sides called a recess at 4:45 a.m. today after their longest negotiation session yet to settle the 2 1/2-week Hawai'i public school system strike. Following the talks, the teachers union said significant progress toward a settlement had been made.

"We have not settled but there has been significant movement," said Joan Husted, executive director of the teachers union. "We all decided we needed some sleep because we have been working around the clock."

Asked how close the parties were to a settlement, Husted said: "We'll see; it's been a good day."

The latest round of talks began at 1 p.m. yesterday when state negotiators arrived at the Federal Building with high hopes of resolving the walkout that began on April 5.

The state's optimism of resolving the bitter labor dispute appeared to fall apart yesterday when talks again snagged on retroactive pay that teachers say is due them from 1999, when the last contract expired. Both sides say they will not budge on the issue, but had begun to explore a way around that sticking point.

The governor has said no other public employee union has received retroactive pay during recent settlements and the teachers won't either.

While that stance still rankles the union, the parties apparently neared an agreement late Thursday on a retention "bonus" or "differential" as a trade off to retroactive pay.

A bonus would likely be a one-time payment that would not be built into a base salary. The plan also called for teachers to receive a percentage increase in the last two years of the four-year contract.

The advantage to teachers is the bonus would be included in calculations for retirement pay. The advantage to the state is that it would cost less than retroactive pay because it would not add to the permanent salary structure.

But the sides were unable to reach agreement on the details.

After predicting a possible settlement for yesterday, the governor later said, "I think I'm optimistic we will settle maybe over the weekend. But I don't know, it takes two to settle."

Even if a settlement is reached and teachers vote to accept the contract on Sunday, schools will remain closed on Monday with the exception of Ni'ihau.

The two sides have been trying to hammer out the contract in marathon sessions that have left negotiators exhausted. More than 12,000 public school teachers remain on the picket line, staunchly declaring that they're there for the long haul. And as the strike enters its third full week, families are beginning to feel the emotional and financial bite with 183,000 children out of school.

Cayetano yesterday acknowledged the looming threat of federal intervention if the strike is not resolved soon. On Tuesday, U.S. District Judge David Ezra will hear a motion asking him to appoint a receiver over the school system and restore special education services that have been cut off during the strike.

Ezra has the authority under the Felix consent decree, which he issued in 1994 after finding the state's treatment of special-needs children to be woefully inadequate. Ezra already has found the state in contempt for not improving services, and the state now faces a December deadline to show improved services. Those involved with the Felix case say the strike has seriously damaged the state's ability to meet that deadline.

"I think there's a growing awareness of Judge Ezra's concern," Cayetano said. "The hearing is Tuesday, I would hope that we can settle and ratify by Monday, otherwise Judge Ezra may step in."

As a contingency plan, the Hawai'i State Teachers Association has begun organizing sites for a ratification vote on Sunday. HSTA hoped to hold a ratification meeting for O'ahu teachers at the University of Hawai'i Stan Sheriff Center and were exploring other locations for Neighbor Island teachers.

The Department of Education also has begun to plan how it will reopen schools. If the strike ends next week, the department will avoid the 20-day deadline at which point it may have had to require students to make-up the lost time.

Advertiser Staff Writer Robbie Dingeman and Johnny Brannon contributed to this report.