HSTA FIRES BACK OVER DRUG TESTING

The Teachers Union Claims That It Is Trying to Formulate Legal Means
of Drug Testing

Hawaii's public school teachers union is seeking the dismissal of a
state complaint alleging that it breached a contract by failing to
start a drug testing program on June 30.

The Hawaii State Teachers Association claims that Gov. Linda Lingle
and her chief negotiator, Marie Laderta, lacked standing when they
asked the Hawaii Labor Relations Board to order the union to set up
random and reasonable-suspicion drug and alcohol tests of teachers as
was required under a contract ratified in May 2007.

In a seven-page response to the complaint, the union said Wednesday
the state agreed that the testing "would be handled exclusively" by
the union and the Board of Education. It also charged that
"suspicionless" random drug testing "is unconstitutional under the
federal and state constitutions."

HSTA President Roger Takabayashi said yesterday the union has
completed guidelines for reasonable-suspicion drug tests but that it
has been working with the school board to develop legal random
drug-testing procedures.

The American Civil Liberties Union has threatened to sue the state if
the random drug tests are carried out.

"We want to get it done. We just want to get it done right,"
Takabayashi said. "It's as simple as that."

The union has been considering limiting random drug tests to certain
teachers, such as those who have been convicted of drunken driving or
have a history of being late to, or absent from, class.

Laderta, who had not yet seen the union's response, said state
attorneys have determined that randomly testing teachers for drugs
would not violate their privacy rights. Laderta also said she
believes Lingle and her administration have standing to complain to
the labor board because they are an employer as well.

"We are one jurisdiction -- us, the Board of Education and the DOE
(Department of Education)," she said. "We are the employers, all three of us."

The labor board will hold a hearing to decide whether the union is at
fault, a board official has said. No date has been set.

The state added the drug program as a non-negotiable item to agree to
a two-year, $120 million teacher contract approved last year by 61.3
percent of more than 8,000 union members. The contract awarded about
13,000 isle teachers two annual raises of 4 percent.

On top of questions over the legality of the planned testing,
education officials and Lingle have also clashed over who should pay
for the drug program.

In January the Board of Education voted to reject setting aside
$400,000 to pay for annual tests of as many as 3,250 teachers, or one
in four employees, saying they did not want to divert money from the classroom.

Lingle has argued that the Education Department has enough funds in
its $2 billion-plus budget for the tests.