Kauai 4-10 update: HLRB rules Collective Bargaining was NOT suspended; Imposed 4-10 Work Schedule Rescinded by Mayor Kawakami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