Posted on: Saturday, January 29, 2005

Supreme Court OKs transfers

By Ken Kobayashi
Advertiser Courts Writer

The transfer of city employees from one position to another within the same bargaining unit is not subject to collective bargaining negotiations with their unions, the Hawai'i Supreme Court ruled yesterday.

The high court overturned a decision by the Hawai'i Labor Relations Board that the city's attempt to unilaterally transfer 10 refuse collection workers from its Pearl City base yard to its Honolulu base yard in 2001 was subject to negotiations with the union.

In a 14-page unanimous decision written by Chief Justice Ronald Moon, the court held that the state collective bargaining law is clear that it does not apply to the transfers. The decision is considered significant on the government's authority to switch workers from one job to another.

"We're pleased with the court's decision," Bill Brennan, Mayor Mufi Hannemann's press secretary, said yesterday.

He said the city's contention had been "if you have a surplus of workers in one area, and a deficiency of workers in another area, the administration should be able to transfer people from one place to another without negotiating with the union.

"The court found likewise and sided with us on that issue, which should contribute to the administration's ability to more efficiently locate or station its employees."

The city has 8,000 to 9,000 employees, but the ruling will likely apply to other counties as well as to state employees.

Honolulu lawyer Herbert Takahashi, who represented the United Public Workers Union in the case, said the decision is important, but another high court opinion last month must also be considered in determining the extent to which the government can transfer workers.

He also pointed out that the high court in yesterday's ruling noted that the city and UPW may negotiate procedures dealing with the transfer of employees. He said the procedures might include consideration of such factors as seniority in the transfers.

The city had sought the transfers of the 10 sanitation workers after it adopted automated refuse collection for the island. The city contended the transfer was a way of dealing with what it said was the resulting surplus of employees in Pearl City and a deficiency of workers in Honolulu.

The transfers were put on hold pending resolution of the case.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.