Kauai 4-10 update: HLRB rules Collective Bargaining was NOT suspended; Imposed 4-10 Work Schedule Rescinded by Mayor Kawakami

News Release from HGEA, originally posted July 23, 2020

On Monday, July 20, the Hawaii Labor Relations Board (HLRB) issued a precedent-setting oral ruling in HGEA's favor stating that HRS Chapter 89 (Collective Bargaining) was NOT suspended when Governor Ige issued emergency proclamations relating to COVID-19, as Mayor Kawakami has maintained. Prior to the Board's decision, Kawakami issued an advisory stating that the 4-10 work schedule his administration mandated and unilaterally imposed in May will end on July 27, 2020.

“We're pleased with the confirmation by the Board of what we have maintained that HRS Chapter 89 was not suspended in its entirety by the Governor. We also believe that this decision supports our position that the County cannot unilaterally change work weeks without first consulting and negotiating with HGEA,” said Stacy Moniz, HGEA Advocacy Chief. "We're not against the idea of modifying work schedules to protect employee health and safety, but we're strongly opposed to the way the administration refused to bargain and unilaterally implemented the change on all county workers. This ruling enforces the fact that the County is still bound by Chapter 89 and they need to honor our members' respective contracts even during a pandemic."

The hearing on the merits is scheduled to begin on Monday, July 27, 2020 at 10:00 a.m. and will continue through July 29, 2020. (The hearing is open to the public and will begin at 10:00 a.m., daily.) Limited attendance will be permitted via Zoom.

>>> REGISTER TO ATTEND THE HLRB HEARING VIA ZOOM <<<

In a separate arbitration, HGEA will pursue overtime compensation for all affected employees who worked more than their contractual 8-hour shifts during the imposed 4-10 work schedule. We will keep you updated on this matter via eBulletin

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Labor Board: Governor’s Emergency Powers ARE Limited -- Kauai County returns to 5-day ‘work’ week

TGI July 27, 2020: …the county will resume five-day operations Tuesday. But the initial decision was still contentious.

In May, the Hawai‘i Government Employees Association filed a prohibited-practices complaint against the county with the Hawai‘i Labor Relations Board, alleging the county intentionally and willfully violated collective-bargaining laws in Chapter 89, Hawai‘i Revised Statutes, which states the county must consult and negotiate provisions affecting changing employee work conditions, and work toward a mutual consent and agreement.

On July 20, the board denied motions filed by the county to dismiss the prohibited-practice case concerning the mandatory four-day, 10-hour-day work schedule, and precluded HGEA from introducing testimony and evidence that Gov. David Ige did not suspend HRS Chapter 89.

The board ruled that Ige’s emergency proclamations did not suspend HRS Chapter 89 in its entirety.

“We also believe that the board’s rulings support our position that Kaua‘i County cannot unilaterally change employees’ work schedules without first consulting and negotiating with HGEA,” the union said in a statement to The Garden Island Friday….

read … County returns to 5-day work week