TEACHERS OK CONTRACT INCLUDING DRUG TESTS

Supporters said yesterday's ratification of a new two-year public
school teacher contract that includes random drug testing is a step
toward safer schools, while the teachers union said it could make it
harder for the state to recruit teachers.

Of 13,500 teachers, about 8,500 voted, with 61.3 percent in favor,
38.2 percent opposed and a fraction of ballots ruled spoiled. The
contract gives teachers a 4 percent pay raise in each of the two
years, plus step increases.

"I'm happy and pleased because now the kids can look forward to a
safer environment," said Marie Laderta, chief state negotiator and a
spokeswoman for the governor.

"This is all about the kids and making it safer for the kids," said
Laderta. "That's the best thing that came out of this, although it
also benefits the teachers and it helps those teachers who may need
to be helped."

Hawai'i State Teacher Association executive director Joan Husted said
the nearly 40 percent who opposed the contract sends a strong message
that teachers are not happy.

"Teachers who voted 'yes' either felt they needed the money or could
ill-afford to turn it down and wouldn't be tested positive for drugs
so 'So what'," said Husted after results were released last night.

"They felt they were being held hostage," she said. "Almost no one
was happy."

Big Island sixth-grade teacher Julianne Ostrosky echoed that
statement.

"This is a sad day for those teachers who voted against the contract
and who understand the ramifications of selling our Fourth Amendment
rights," she said. The Fourth Amendment of the U.S. Constitution
protects citizens from unreasonable searches and seizures.

Ostrosky blamed the union for what she called a loss of civil
rights.

"I'm totally disappointed and embarrassed that our union has set this
precedent."

Husted, however, said she feels it's the governor who has lost
support among teachers.

"Regardless of the vote, I think whatever solid support she had in
the teaching ranks has really been fractured," said Husted. "Those
who reacted the strongest have been staunch Linda Lingle supporters
and didn't think she'd do this to them."

TESTING A SURPRISE

The provision to insert random drug testing into the contract was
suggested by the governor's team just a week before negotiations were
finalized, according to union negotiators, and it took them by
surprise, said one.

But Laderta said that other public unions have embraced random drug
testing, including the United Public Workers and the Hawai'i
Government Employees Association.

"All the other unions have shown their support for a drug-free
environment, although I can't say all the bargaining units have,"
said Laderta.

"UPW has completely embraced random drug testing, and HGEA has drug
testing as well (in its contract). Most of them have drug testing in
one form or another."

With the contract ratified and the Legislature set to adjourn today
with a pay package of around $120 million in the budget to fund the
new salary increases, interest is now moving to the details that will
be worked out over the next year to set parameters for random drug
testing.

Husted said the union will be carefully watching to make sure
safeguards against false positive tests are a strong part of the
procedures, as well as other protections.

"Our position would be if a teacher is legitimately tested that they
get into rehab and be given a second chance," said Husted. "Then it's
going to be up to the teacher to make sure they make the best of that
second chance. We'll make sure we take the best of the testing
procedures, and there are lots available nationally. We don't have to
reinvent the wheel.

"But we honestly believe people will be pleased to see how few
teachers will be found to be using drugs."

WILL PAY CONTINUE?

Whether a teacher in counseling or rehabilitation would continue to
be paid is one of the details that needs to be worked out, said Husted.

Laderta, too, said the focus will be on helping teachers.

"It's not intended to be punitive," she said. "We intend to rehab the
person. We haven't worked out the details, but the concept is to
rehabilitate and counsel the person."

But Husted also warned that when the random drug-testing provision
goes into effect in 2008, she expects the state to be faced with even
more difficulties than it already suffers in recruiting teachers.
The state must fill approximately 1,500 positions every year because
of retirements and turnover.

"It will be absolutely much harder," said Husted. "I've just talked
to one of the teachers from the Mainland who will be leaving at the
end of this year because she doesn't agree with this. I think you're
going to see that. ... You're going to see morale sink to an
all-time low."

LOOK AT VOTING

Husted also said the union will look at the voting procedures to see
if changes need to be made, particularly in the way absentee ballots
are distributed and voting is done.

"There was a lot more interest in absentee ballots (this time)," said
Husted. "This is an election where absentee ballots make a
difference. So we may look at some ways to change the process in the
future. We'll take a look at walk-in voting," she said.

"We've never worried about it before because it never made a
difference before. Now that it does, we want to look at it for people
who can't make the voting day. Is there a better way to do it?"

The vote on the contract two years ago was 93 percent in favor and 7
percent opposed.

PAY INCREASES

HSTA workers counted more than 1,000 votes yesterday to finalize the
election results, and were getting calls as late as 4 p.m. yesterday
from teachers asking if they could still vote absentee. That absentee
deadline was Monday.

The contract will raise starting pay for new teachers from $39,901 to
$43,157. For teachers with about 15 years of experience, a master's
degree and some additional credit hours, annual pay will increase
from $59,566 to $66,359 by the end of the contract. For the most
experienced teachers with more than 33 years experience, pay will
rise from $73,197 to $79,170.