Posted on: Saturday, December 7, 2002

Court ruling reinforces union rights

Advertiser Staff

The Hawai'i Supreme Court yesterday upheld a Circuit Court ruling that a 1999 law temporarily freezing public workers' salaries was unconstitutional.

In response to tight budget matters, the Legislature in 1999 passed the so-called "Act 100," which declared that there would be no negotiations concerning wage increases or other "cost items" for two years.

The United Public Workers, Hawai'i Government Employees Association, the Hawai'i State Teachers Association and the Hawai'i Fire Fighters Association challenged the law, arguing it violated public workers' constitutional right to collective bargaining.

Circuit Judge Virginia Crandall struck down the law in 2000, saying wages are the "heart and core" of the collective bargaining process protected under the state constitution.

The Cayetano administration appealed the ruling to the Supreme Court, claiming that the Legislature was entitled to amend collective bargaining laws.

But in a 20-page ruling, the high court disagreed and affirmed Crandall's ruling.