Labor board ruling next week crucial to teacher strike plans

By Alice Keesing
Advertiser Education Writer

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In the event of a strike Public schools will be closed Thursday and Friday. All nonstriking employees of the Department of Education must report to work. Beginning April 9, schools may reopen if administrators decide they have enough staff to teach students. Schools may reopen incrementally. For example, at the elementary level, first consideration may be given to younger students. In middle schools, first consideration may be given to eighth-graders. In high school, first consideration may be given to seniors. School openings will be announced by 4:30 p.m. the preceding day. For information, check the Web site for the DOE under the strike information link: http://doe.k12.hi.us or call the strike hot line at 586-4636. That number can be reached with the stateâs toll-free lines from the Neighbor Islands.

The board is expected to rule early in the week on the state's complaints that the union bargained in bad faith and engaged in intimidating tactics by planning to photograph anyone crossing the picket line.

The state has asked the board to prohibit a strike if it rules in favor of the state.

In a summary brief filed yesterday, state deputy attorney general Francis Keeno told the board it's time to "bite the bullet."

"The state is asking this board to postpone the strike until the parties have had a chance to bargain in good faith," Keeno wrote in the brief. "To not postpone the strike would be to give the employer a hollow victory."

The Hawai'i State Teachers Association said the complaints were filed to prevent or delay a strike, but union officials endured some tough questions during the Tuesday hearing.

"We didn't walk away from the hearing feeling very optimistic," said HSTA Executive Director Joan Husted.

"What we hope the board will do is allow teachers their right to strike and recognize this late filing for what it is."

Whatever the board's ruling, it is likely it will be appealed in court.

Meanwhile, Husted said she hopes to sit down again with the state's chief negotiator, Davis Yogi, this weekend.

"We need to set up a calendar to work on because we've only got five days to work on it," she said. "We have a few ideas we'd like to float across."

Yogi said he would meet if asked to.

Meanwhile, the Department of Education yesterday laid out its contingency plans.

Schools will be closed at least for Thursday and Friday if teachers walk off the job. Principals will use those days to count the number of teachers who report for work and assess if they can open the following week without endangering student health and safety.

"That assessment will be made on a day-by-day basis and a school-by-school basis," said schools chief Paul LeMahieu.

The department was unable to keep schools open the last time teachers walked off the job, in 1973.

At a news conference, schools chief Paul LeMahieu discusses plans to deal with a possible strike Thursday. Cory Lum • The Honolulu Advertiser

Priority will be given to opening classes for students in the lower elementary grades, eighth-graders and high school seniors.

School openings will be announced the previous day by 4:30 p.m. Even if classes are open, LeMahieu said, they will not be able to follow a regular curriculum.

"I don't pretend for a moment it would be the same as this system moving forward with its education program, but you can do something good for the children," LeMahieu said.

With the clock ticking down to the walkout of nearly 13,000 teachers, everyone is bracing for the emotional strain of the picket line.

"It's going to be really hard," said LeMahieu, who is urging everyone to remember that there will be a day on the other side of the strike when they must work together again.

"We expect pickets, of course, at each and every job site and we counsel and will do everything to preserve a spirit of good will ... in what will unquestionably be a difficult time," LeMahieu said.