The HGEA went to court yesterday, seeking to stop Gov. Linda Lingle from unilaterally imposing new layoff procedures if her furlough plans are blocked by legal challenges.

In an amended complaint against the governor's furlough plans, the public-sector union contends layoff procedures are subject to collective bargaining negotiations. The union also alleges that the terms of the existing contract should remain in effect after the contract expires at the end of the month because of an agreement between the union and the state on a negotiating timetable that extends to December.

Lingle has said she could lay off as many as 2,500 state workers under her control if her furlough plans are blocked by legal challenges. The governor wants to furlough state workers three days a month for two years starting in July.

Lingle has clear authority under state labor law to order layoffs, but the union argues that layoff procedures are subject to negotiation. The unions have also argued in their complaints that furloughs and furlough procedures should be negotiated.

Labor negotiators for the Lingle administration and union leaders met yesterday with a federal mediator for contract talks. The Lingle administration has proposed saving $688 million through furloughs as part of an effort to close a $730 million budget gap through June 2011.

Marie Laderta, the director of the state Department of Human Resources Development, said the federal mediator has helped. "I think the mediator has been helpful and has brought us a little closer together," she said.

Roger Takabayashi, the president of the Hawai'i State Teachers Association, said other options besides labor savings should be on the table. He said the governor could use money, for example, from the state's hurricane relief fund and the state's rainy day fund.

"When you consider the drastic measures of the three-day-a-month furlough and you have cash sitting in a bank account or sitting in an account and doing nothing really, and you're jeopardizing the economy of the state, that's not right," Takabayashi said.

Union leaders, worried they are losing the public-relations battle with Lingle, are launching an outreach and media campaign. Unions are asking members to hand out thousands of cards at places where they eat, shop and socialize statewide to remind the public of their economic impact.

The four public-sector unions — HGEA, HSTA, United Public Workers, and the University of Hawai'i Professional Assembly — are planning a unity rally on June 30 at the state Capitol.

THE PERCEPTION BATTLE

HGEA executives have also told members they may use paid advertising because they do not believe their message has been fully covered by the news media. Some union members have complained that the union has not been effective at countering Lingle's proposals, fueling a public perception that state workers are refusing to sacrifice to help with the budget deficit.

Union leaders have said they are willing to make concessions at the bargaining table. But they have argued that Lingle's furlough plans — which are equivalent to a 13.8 percent pay cut — combined with a projected 23.7 percent increase in healthcare premiums are too much for state workers to shoulder.

The unions have asked the Circuit Court in Honolulu for preliminary and permanent injunctions preventing Lingle from imposing furloughs. The unions have also asked for declaratory judgments that the governor cannot unilaterally impose furloughs.

The HGEA yesterday asked for an injunction and a declaratory judgement on layoff procedures.

The state attorney general, meanwhile, has asked the court to consolidate the complaints before a single judge. The HGEA, the HSTA and the UPW initially filed complaints. The UPW has since dropped its complaint and joined with the HSTA.

According to The Associated Press, the attorney general has argued that the unions are trying to find sympathetic judges by filing separate complaints.