Posted on: Thursday, March 31, 2005
Subs show unity for higher pay, back wages
By Curtis Lum
Advertiser Staff Writer
Nearly 150 substitute public school teachers marched at the state Capitol yesterday afternoon to rally support for back pay, as well as to encourage state lawmakers to pass two bills that address the substitute pay issue.
Deborah Booker • The Honolulu Advertiser The substitutes have argued that the state failed to follow a pay schedule that tied daily wages for substitutes to salaries for regular teachers. The state cut substitutes' daily pay in January from $119.80 to $112.53, after the DOE and the Hawai'i State Teachers Association signed a new agreement regarding job classifications.
HSTA does not represent substitutes, some of whom hope to create their own union.
The substitutes have filed two class-action lawsuits against the state. One seeks pay allegedly withheld improperly from thousands of substitutes since 1996, while the other challenges the pay cut.
State attorneys have argued that the first lawsuit takes a "limited and distorted view" of the law's legislative history, and that substitutes are being paid correctly.
Substitute Allan Kliternick disagreed with the state's position. Kliternick is a plaintiff in one of the lawsuits.
"We're just trying to get our message out that we're an important piece of the education system," said Kliternick, a substitute for 15 years. "We're looked upon with a condescending attitude by the DOE. We're just asking for what the law requires we get. We're not asking for anything else."
Almost 5,300 substitute teachers are registered with the DOE. On a typical day, 1,000 substitutes are teaching statewide and substitutes fill 200 to 400 vacant positions on a full-time basis each year, according to figures provided by the substitutes.
Two measures before the Legislature address the pay issue.
One would extend the statute of limitations and allow substitutes to seek damages back to 1996. A Circuit Court judge has limited the period for which the teachers can seek damages to the two years prior to the filing of the 2002 lawsuit.
The second bill would provide back pay to the substitutes. Paul Alston, attorney for the substitutes, said if this measure passes and full back pay is awarded, the lawsuit would become moot.
But if the measures fail, it could be years before the matter is finally settled in court. Substitute Gwen Johnson said she may not want to wait that long.
"I do like what I do, it's just that at this time I have to give consideration to my family and my grandchildren," said Johnson, who retired as a special education teacher in 1991. "I'm not sure if I will keep teaching."
Staff writer Johnny Brannon contributed to this report. Reach Curtis Lum at culum@honoluluadvertiser.com or 525-8025.
The O'ahu rally coincided with marches on Maui, Kaua'i and two on the Big Island yesterday. The substitutes wanted to show unity in their fight against the Department of Education for about $30 million the teachers say are owed to them.
Substitute teachers Sylvia Choy, left, and Pat Paterson walked the walk and talked the higher-pay talk yesterday in a demonstration of unity in front of the state Capitol. About 150 substitutes participated.
