Posted on: Monday, April 23, 2001
Judge gives ultimatum on settling strike today
| • | State caught in Felix dilemma |
By Brandon Masuoka and Alice Keesing
Advertiser Staff Writers
A federal judge today is warning the state and striking public school teachers that if the walkout is not settled by 9 a.m. tomorrow he will "take action," according to a representative for the judge.
Federal Judge David Ezra will hold a hearing tomorrow on a motion asking him to appoint a receiver over the school system to restore special-education services that have been cut off by the strike. Ezra has the authority to intervene because of the Felix consent decree, which orders the state to improve services to special-needs students by December.
Felix special master Jeff Portnoy said Ezra will meet with chief negotiators for the Hawai'i State Teachers Association and the state today. Portnoy represents Ezra in the Felix case.
The "brinksmanship must stop," Portnoy said today.
The negotiator for the teachers' union said today she was optimistic a settlement in the 19-day strike is close.
"I'm hoping we'll get it settled today, said Joan Husted, executive director of the Hawai'i State Teachers Association. "We worked all weekend to get it settled. The parties are close. I'm convinced both parties want to get it settled. I'm more optimistic than I was a week ago. We just need to give it the final push to get it done. This is the most hopeful I've been..."
Husted said both the state and the union want to avoid federal court intervention.
Husted said the union wanted to continue talks today in an effort to end the strike that entered its third week on Thursday. The strike has now lasted as long as the 1973 walkout. Students were out of school for 13 of those days. Tomorrow marks the 13th day of missed school for this strike.
"We're still working," Husted said. "We've met with the governor and we've met with (state negotiator) Davis Yogi. We'll work with whomever will get it settled with the employer. The parties need to bargain.
Yogi could not be reached for comment today.
State schools schools chief Paul LeMahieu said the strike has lasted so long that the system is crossing the line "to some very long-term damage."
Since Saturday morning the two sides have appeared to be tantalizingly close to an agreement. Only one issue remains — money.
But teachers' hopes of returning to school today were dashed as the state and union remained unable to break the deadlock.
Optimistic that a deal would be struck this weekend, the Department of Education had begun planning how to reopen schools as early as tomorrow. One plan involved canceling field trips to help classes catch up on lost time.
"But I think we're now at a point where even doing that doesn't let you catch up," LeMahieu said. "No matter which way you cut it, there's educational loss in the year."
After hours of marathon-talks last week, the two sides appeared to be very close to a deal.
Other than the money issue, all the questions of how to structure the package, who should get money and in which year have been resolved.
After butting heads on the issue of retroactive pay, the sides have agreed instead to a retention bonus that will give teachers a one-time payment in addition to raises in the last two years of the four-year contract. The bonus costs the state less because it is not built into the base salary, but it would add into teacher retirement benefits.
Talks appeared to be getting close as the parties met with the governor Saturday. He presented them with a new, informal offer and the sides have been communicating via telephone since then.
If a deal is reached today, teachers would vote to ratify the contract tomorrow.
"I'm running into more and more people who just want to see it ended," LeMahieu said. "I agree with them completely."
