The Lingle administration and the United Public Workers have filed dueling prohibited practices complaints over the failure to complete selection of a neutral arbitrator to preside over binding arbitration.

The dispute has delayed binding arbitration between the state and the union representing blue-collar workers, which was scheduled to start yesterday.

State labor law requires the two sides, when they are unable to agree on a neutral arbitrator, to choose from a list of five arbitrators provided by the American Arbitration Association. The state and the union are supposed to alternately strike names from the list until an arbitrator is selected.

The Lingle administration alleges that the UPW has not followed the proper timeline to strike names from the list. The state also claims the union has not acted in good faith by questioning whether a deputy attorney general can legitimately act as the representative for the state, the counties, the Judiciary and the Hawai'i Health Systems Corp.

The state has asked the Hawai'i Labor Relations Board to find that the union has waived its right to arbitration or, at a minimum, given up the right to help select the neutral arbitrator.

The UPW countered that it is the state that has halted the process by refusing to make a second strike from the list.

The union claims the state's refusal is a willful violation of a March agreement between the two sides on how to proceed from impasse.

The UPW unit representing institutional, health and correctional workers has the right to binding arbitration.

The state is also in binding arbitration with the Hawai'i Government Employees Association. The state is in contract negotiations with other UPW units, the Hawai'i State Teachers Association and the University of Hawai'i Professional Assembly.