TEACHERS' VOTE SEEN AS OK FOR DRUG TESTS

Ratification Meant Acceptance of Random Testing, the State Attorney
General Says

Hawaii public school teachers gave up their right to raise privacy
concerns about random drug tests last year when they ratified a
contract requiring the screenings, the state argued yesterday. State
Accuses HSTU Of Bargaining In Bad Faith

In a 33-page opinion, the state Attorney General's Office wrote that
the contract's approval by a majority of some 13,000 isle teachers in
May 2007 invalidates "any constitutional search and seizure or
privacy concerns" over a random drug-testing program.

The report, released Friday by Deputy Attorney General Girard Law,
came a month after the Hawaii State Teachers Association failed to
implement a drug-testing program by a June 30 deadline. It was
addressed to Board of Education Chairwoman Donna Ikeda, who asked for
the opinion.

Ikeda could not be reached for comment.

HSTA President Roger Takabayashi said the union believes that
suspicionless drug tests would be unconstitutional under the U.S. and
state constitutions. The union has completed guidelines for
reasonable-suspicion drug tests, and officials are working with the
school board to develop legal random guidelines, he said.

But state chief negotiator Marie Laderta yesterday accused the union
of placing the contract up for a vote while never intending to carry
out the random tests.

The contract carried two annual raises of 4 percent.

She called it "a classic case of very, very bad-faith bargaining."

"Their credibility is at stake. I'm not sure I can believe them,"
Laderta said about negotiators in ongoing talks for a new teacher contract.

The union is seeking the dismissal of a state complaint before the
Hawaii Labor Relations Board alleging that the union breached its
contract. Takabayashi said he is hoping the labor board, which has
set a preliminary hearing for Aug. 13, will rule on the
constitutional implications of random drug tests.

Takabayashi, in a July 29 newsletter sent to teachers, said the union
"significantly underestimated the time and resources required" to
draft drug-testing procedures.

He also said several federal courts have concluded the government's
interest in ensuring safe public schools "does not justify subjecting
all teachers to suspicionless drug testing."

State Deputy Attorney General Jim Halvorson alleged the two-page
letter misinforms teachers by leaving out a new union determination
that says the contract would limit random drug tests to employees who
carry a commercial driver's license.

Halvorson said the interpretation of the contract puzzled him because
he doesn't believe any teacher would have such a license, which is
held by people who operate heavy machinery or equipment. And he noted
that a federal law has required those workers to be randomly tested
for drugs since 1995.

Takabayashi said he was not aware of any effort to restrict random
drug tests to such employees.

View the Attorney General's Office opinion: on teacher drug testing:

Video: State Accuses HSTU Of Bargaining In Bad Faith:
http://www.kitv.com/video/17106515/index.html