HIDOE takes no action on pandemic grievances, citing suspension of collective bargaining law
The Hawaii State Department of Education has notified the Hawaii State Teachers Association that it will “take no further action” on two class grievances over unsafe working conditions and the state’s mandate that unvaccinated education employees be tested for COVID-19 weekly, citing the suspension of parts of Hawaii’s collective bargaining law because of the pandemic.
The letter HSTA received from HIDOE Labor Relations Administrator Brandon Lee Thursday said, “the governor’s Emergency Proclamation dated August 5, 2021, suspended the following provisions of law, but only as explicitly set forth below and as allowed by federal law, pursuant to section 127 A-13(a)(3): HRS section 89-9, scope of negotiations; consultation, section 89-10(d), written agreements; enforceability; cost items, and section 89-13, prohibited practices, evidence of bad faith, to the extent necessary to allow State and county departments, agencies, and other public entities to implement policies, practice, procedures, and to take other actions necessary to mitigate risks posed by COVID-19 and its variants, including but not limited to, imposition of requirements pertaining to or requiring employee testing.”
