STATE FILES COMPLAINT ON TEACHER DRUG TESTS

Rescinding Raises In The New Contract Is An Option For The Lingle
Administration

The Hawaii State Teachers Association breached its contract by
refusing to implement a drug testing program for public school
teachers on June 30, the Lingle administration alleges in a complaint
filed yesterday.

The state wants 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 by a contract ratified in May 2007, said
Marie Laderta, the state's chief negotiator.

HSTA President Roger Takabayashi said the union has been working with
the state to come up with drug testing procedures.

"It's unfortunate that the governor has chosen rhetoric over
substance. The constitutional issues involved here are serious and
require professionalism and a genuine effort to bargain in good
faith," he said late yesterday in a written statement.

Takabayashi said the union wants a federal mediator to help resolve
differences with the state.

Laderta said the union will have 10 calendar days to respond to the
charges brought by the state. The labor board would hold a hearing to
decide whether the union is at fault, a board official said.

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.

But education officials and Gov. Linda Lingle have disagreed 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 the Education Department has enough funds in its $2
billion-plus budget for the tests.

Laderta said officials began drafting their complaint after the union
failed to have the program ready by the June 30 deadline.

Lingle threatened earlier this year to repeal the contract if the drug
program were to fall through. Laderta said the administration has not
ruled out rescinding teacher pay raises included in the contract.
"That is certainly an option that we are still keeping open," she said.

The complaint before the labor board comes as the teachers union and
the state are already holding preliminary negotiations for a new
contract. But Laderta said the drug testing issue could stall talks.

"How can I trust them to do what they say they will do?" she said.