Board asked to halt layoffs
By Derrick DePledge
Advertiser Government Writer
An attorney for the Hawai'i Government Employees Association asked the Hawai'i Labor Relations Board yesterday to stop Gov. Linda Lingle's layoffs of more than 1,100 state workers until the state properly consults with the union on layoff procedures.
Peter Trask, the HGEA attorney, said meaningful consultation is a fundamental principle of state labor law. He said Lingle's layoff plans have been "dysfunctional" and "disorganized" and have prevented the union from providing information to its members.
Lingle has ordered layoffs of more than 1,100 state workers on Nov. 13. The governor has warned that more state workers could lose their jobs unless public-sector labor unions agree to reduce labor costs in contract negotiations. The governor has estimated a budget deficit of $884 million through June 2011.
Richard Thomason, a deputy attorney general representing the state, described the layoffs as a "fluid, chaotic, difficult job." But he said the Lingle administration has responded to questions from the union about layoff procedures. He said possible mistakes by, or disagreements between, the state and the union do not constitute a lack of consultation, but rather are part of the consultation process.
"This is a monumental work in progress," Thomason told the board.
Trask countered: "A work in progress is not consultation."
James Nicholson, the chairman of the three-member board, said the board would take time to review the union and state arguments given the magnitude of the board's decision. Another hearing was tentatively set for Sept. 24.
Asked by Nicholson about the potential impact of a decision to halt layoffs, Thomason said the state would likely order additional layoffs to make up for the budget deficit.
Trask said the union wants Lingle's department directors to explain how workers were selected for layoffs so the union can share the information with workers who are wondering why they are on the list.
He also said the union wants the administration to detail how much money the state will save from the layoffs.
Trask said the union wants the state to provide a "soup to nuts" breakdown. But Thomason said it is unlikely the state could ever anticipate all of the union's possible questions up front. He told the board that if it adopts such a standard, "you might as well ban (the layoff) outright."