Legality of HSTA pact disputed
By Lynda Arakawa
Advertiser Capitol Bureau
Gov. Ben Cayetano yesterday reiterated that the state's contract agreement with the teachers' union is not binding because he has not signed it.
Advertiser library photo • April 4, 2001
The Hawaii State Teachers Association on Tuesday filed a complaint with the Hawai'i Labor Relations Board against the state, saying the state bargained in bad faith because it has not paid teachers the raises negotiated during April's three-week strike. Cayetano has not implemented the contract because the state and the union are in a dispute over whether the contract's 3 percent bonus for teachers with advanced and professional degrees was meant to be paid for one or two years.
Gov. Ben Cayetano says the state also must ratify the deal for it to become valid.
"This is not a case where two sides have agreed to something and then all of a sudden one side changed its mind and believed they could get out of it and not sign anything," Cayetano said. "This is a case where we agreed to 9 out of 10 issues or items, and on one there is a genuine dispute as to what was agreed to."
The teachers have ratified the agreement, but Cayetano said he and the Board of Education's bargaining team also needs to authorize the agreement for it to become valid.
HSTA attorney Vernon Yu has said the contract is binding and that state law only requires employees to ratify the contract.
Cayetano also said people need to understand that no money is appropriated for bonuses for two years. "That $10 million or $14 million has to come out of somewhere," he said.
The way the agreement was structured, it won't come from the Legislature, it will come out of the Department of Education's budget . ... I know this, you take another $14 million from the (Department of Education) budget, which is already beleaguered so to speak because of Felix and all that, is going to be a major, major problem."
He said the department would later ask the Legislature to restore that money, ultimately steering money away from social programs such as drug treatment.
You can reach Lynda Arakawa at larakawa@honoluluadvertiser.com or 525-8070.
The Associated Press contributed to this report.
