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STOPPING PAY RAISES A CONTRACT VIOLATION

The agreement between the Hawaii State Teachers Association and the
state Board of Education calls for both parties to
"establish...reasonable procedures applicable to all bargaining unit 5
employees that are intended to keep the workplace free from the
hazards of the use of alcohol and controlled substances - and
implement such a plan no later than June 30, 2008."

HSTA has been working toward such a plan, although it is likely to be
thrown out as unconstitutional by the courts.

It is the employer, the BOE, who has said that any such plan is
extremely expensive and will require additional annual funding to implement.

If a contract calls for an employee to perform a specific act that
requires materials or funding by the employer, and the employer does
not provide the materials or other funds necessary for the act to be
carried out, it is not the fault of the employee if the job is not
done.

Gov. Linda Lingle can complain about the BOE all she wants, but they
do have an obligation to fund education rather than teacher harassment.

If she tries to stop the pay raises agreed to in the contract, then
the government is the one violating the contract, not the teachers.

Steve Stephenson

Volcano, Hawai'i