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September 2008 Board Notes


President Joseph Chernisky officially welcomed and introduced new and returning Directors.  Recognized were Catherine Chan-Halbrendt (UH-Manoa), Leticia Colmenares (Windward CC), Robert Cooney (UH-Manoa), Vickery Lebbin (UH-Manoa), Michael Mottl (UH-Manoa), Sharon Rowe (Kapiolani CC), Cory Takemoto (Honolulu CC), and Ming-Bao Yue (UH-Manoa).  Returning Director Nandita Sharma was not in attendance.


Treasurer Ming-Bao Yue’s written report has been posted to the Board of Directors’ web folder.  Recommendations were made to transfer funds from two General Fund accounts to the PAC account that is within the budget.


An Annual Agenda Calendar has been placed on the Executive Committee and Board of Directors’ web folders.  This
has been prepared to enable the Board of Directors to better prepare
for future activities, deadlines, and renewal of contracts.  The calendar will continue to be updated as new items and issues emerge.


Executive Director J. N. Musto made a Power Point presentation on the status of negotiations.  This presentation is being made at faculty meetings on all the campuses.  It
begins with a recap of the bargaining session and then discusses a
formal request made by the Governor to all public sector unions, and
consequences of the choices that the faculty will face over the next
eight months.  Updates on the bargaining can be found at a special website dedicated to these current negotiations: www.uhpacontract.org.


Directors met in Executive Session for
over an hour to consider the appeal of the Executive Committee’s
decision not to pursue arbitration of a grievance case. 
the grievant may not have been treated well by the Dean, there is no
contractual language that supports the grievant’s claim.  In a roll call vote, there were 19 who voted in support of the Executive Committee’s decision, 1 who voted against, and 1 who abstained.  The grievant will be notified of the Board’s decision.

There was additional discussion of other claims or grievances that might be pursued.


The Nominations and Elections Committee,
who were appointed by the President to conduct the special Board of
Director election for Kapiolani Community College, requested the
Board’s approval of a candidate slate to fill the additional Director’s
seat for KCC established under the new UHPA Bylaws.  Active UHPA members may also be placed on the ballot by petition signed by not less than 20 UHPA members at KCC.  The
Nominations and Elections Committee recommended that the new KCC
Director be seated at the November 15, 2008 Board of Directors’ meeting.  The Directors unanimously approved the
nomination of Dennis Vanairsdale, Professor of Business Education, as a
candidate for the Kapiolani Community College Board of Director’s


Directors received a request to adopt new Standing Rules of
Order, which led to a lengthy discussion as to the reasons for moving
away from using Robert’s Rules of Order.  After several motions were made, the discussion ended with no rules being adopted.


A motion was made to increase the Board of Directors’ meetings to eleven for the fiscal year.  Vote taken recorded 9 for the motion and 10 against; the motion failed.

Another motion was made and seconded
to increase the previously approved Board meetings by adding meetings
in each month immediately following the Faculty Forum meetings in the
fall and spring.  Vote taken indicated 11 for the motion and 8 against; the motion passed.

The Board of Directors will meet every month except for the months of July and December.


Executive Director Musto, in his
written report to the Board of Directors, was pleased to announce that
Governor Lingle, upon the nomination of UHPA with the support of the
other public sector unions, had appointed Carl Daeufer as a Trustee on
the Hawaii Employer–Union Health Benefits Trust Fund (EUTF). 
Carl Daeufer is a retired UH-Manoa Professor Emeritus, and past Treasurer and negotiator of UHPA.  Carl will join former Associate Executive Director John Radcliffe as a Trustee.  John’s term on the EUTF expires in 2010.  Carl will serve an initial four–year term.  This appointment does not require legislative ratification.

Carl’s appointment comes at a critical time.  The
State Department of Budget & Finance has indicated that the state
will not provide the EUTF with any additional funding for the public
employees’ health insurance.  This means that to keep the same benefits, premiums would be increased for both active and retired public employees.  The only way to increase the employer’s contributions for active employees is through the contract negotiations. 

Carl is knowledgeable, and he will be a forceful advocate for both retirees and active employees.

Aloha United Way

August 2008 Board Notes



UHPA Treasurer Ming-Bao Yue reported that the financial
statements for May and June were posted on the Board of Directors’ web
folder.  UHPA is in good financial standing.  Former
Senator Brian Kanno, who has indicated his retirement from the
Legislature, has returned a contribution that UHPA had made to him
earlier.  Directors received the Treasurer’s report.



Directors had an opportunity to meet with Jessica Wooley (D),
a candidate for House District 47, and Amy Monk (D), candidate for
House District 17.  Directors were later asked to consider the endorsements of these candidates and to approve contributions.  Directors passed three separate motions, which endorsed
the candidacies of Jessica Wooley and Amy Monk with the maximum
allowable contribution to each of their campaigns as well as an
additional contribution to already endorsed candidate Dwight Takamine
(D), who is running for Senate District 1.


Directors met in Executive Session to consider four cases and passed five motions.  Two motions approved
the appeal to arbitration for a tenure denial case of a UH-Manoa
faculty member and a class grievance case regarding summer teaching
load at Kapiolani CC
.  A third motion supported
legal counsel’s recommendation not to appeal the Hawaii Labor Relations
Board’s decision regarding the Hearing Officer’s recommendation in a
UH-Manoa tenure denial case
, and the fourth motion reconfirmed the Board’s initial decision to appeal a tenure denial  grievance case to arbitration.  The fifth motion adopted the recommendation to not appeal a contract non-renewal case to arbitration.

UH-Manoa Director John Wendell informed
members that the Uniform Information Practices Act under Chapter 92F
allows state employees to request files from the State of Hawaii.  It is Hawaii’s open records law, which can be found at http://hawaii.gov/oip/uipa.html#part2.

Directors passed a motion that confidential matters to be
discussed in Executive Session should only be presented on printed
paper at the time of consideration and returned thereafter



Associate Executive Director, Kristeen Hanselman presented a detailed report on the Hawaii Alliance “No on Con Con” Campaign.

A number of organizations representing labor, business and
non-profits have joined together to encourage voters to vote “no” on a
constitutional convention.  This is a group that often does not see eye to eye on everything but do agree that a Con Con is not the right path for Hawaii.

There is significant cost attached to a convention at a time that immediate needs of our communities are not being addressed.  A Con Con is a lengthy process leaving significant problems unaddressed for probably four years or more.  There are issues needing solutions now not more delays.

Faculty members can be directly impacted by outcomes that
diminish bargaining rights, access to health care and retirement
benefits, and funding for the UH system.  The Hawaii constitution contains essential protections and rights that directly affect employment.

Lengthy discussion ensued regarding the polling of the
membership on the issue and the need for disseminating information soon
about Con Con to ensure the membership is fully aware of the issues and
arguments.  The Directors passed a motion to approve
participation in the Hawaii Alliance “No on Con-Con” Campaign and to
make a $35,000 contribution after September 1, 2008
.  Additionally, Directors passed a second motion to oppose Con Con and  authorize up to $10,000 to hire a consultant to assist in analyzing voter data from the Catalist System  to
assist in the “No on Con-Con” Campaign and to assess voter outcomes
after the election. The payment is to be made after September 1, 2008.
to UHPA’s Treasurer, funding would come from money already designated
for the Constitutional Convention issue in line items 6b and 7d in the
budget approved at the June Board meeting for fiscal year 2008-2009.



Directors reviewed the proposed Charter
for the Nominations and Elections Committee, one of three standing
committees of the Board, and agreed to some friendly amendments to the
proposal.  However, deciding how to determine the most
representative composition of the committee members proved difficult
and the Directors decided to defer the decision to the September Board
meeting so that all of the options could be more fully assessed.  In
the interim, since the process to elect a second Director for Kapiolani
CC needs to be conducted immediately, Directors passed a motion to
approve the Charter for the Nominations and Elections Committee as
amended pending further revisions at the September meeting.
Board also authorized the UHPA President to appoint five members to the
committee temporarily for the sole purpose of conducting the special
election at Kapiolani CC.



Directors reviewed the proposed Charter for the Personnel
Committee, which is the third standing committee of the Board of
Directors.  The other two are the Nominations and Elections Committee and the Executive Committee.  Directors agreed to some friendly amendments to the proposal and unanimously passed a motion to approve the Charter for the Personnel Committee as amended.  Directors also elected the three members of the Personnel Committee, who are John Cole (Hawaii CC), Paulette Feeney (UH-Manoa), and Elizabeth Tam (UH-Manoa).


Directors passed three motions that approved the appointments of Kay Ono (Leeward CC) as the Faculty Representative for PAU 0023, Thomas Hussey (Maui CC) as the Faculty Representative for PAU 030, and John Wendell (UH-Manoa) as the Faculty Representative for PAU 075.  Their terms take effect immediately.  For Kay Ono and Thomas Hussey, their terms will expire on May 31, 2010.  For John Wendell, his one-year term expires on May 31, 2009.



Recognized for their dedication, service, and contributions to the UHPA, Directors unanimously passed a motion of appreciation to outgoing Directors Roy Fujimoto (Windward CC), Ruth Horie (UH-Manoa), Earl Nakahara (Honolulu CC), Sally Pestana (Kapiolani CC), John Wendell (UH-Manoa), and to Joel Fischer (UH-Manoa), who unfortunately was not able to make this meeting.



Recognized earlier were new Directors Leticia Colmenares (Windward CC), Vicky Lebbin (UH-Manoa) and Cory Takemoto (Honolulu CC).  Although their terms officially begin on September 1, incoming Directors were invited to attend as observers.  All three including new Kapiolani CC Director Sharon Rowe attended an orientation for new and returning Directors on August 21.  Returning Directors Duane Stevens (UH-Manoa), Adrienne Valdez (UH-West Oahu,) Brenda Cartwright (UH Manoa) and UHPA President Joe Chernisky (Leeward CC) also participated.

Outgoing UH-Manoa Director Ruth Horie
has been recommended through the NCHE (National Council for Higher
Education) to be appointed for a 1-year term on the NEA Resolutions
Committee, representing higher education.  Approval of
her appointment to the committee will be on the agenda at the September
NEA Board of Directors meeting in Washington, D.C.


Primary Election Underway

Endorsed Candidates List


The Pulse on UH Faculty Health Benefits…

As health reform continues to be a hot
topic each legislative session, recently University of Hawaii Faculty Members
and other public employees received welcomed news from the State Court.  In an extremely important decision the Court
upheld a critical assumption that public employee retirees have a constitutional
to continuing health benefits. 

The Court reviewed statutory and
constitutional issues and sought to offer interpretations of the statutes that
would be construed in a manner that makes them constitutional.  While this Court opinion reinforces Hawaii’s
non-impairment provision and protects accrued benefits, it does not prohibit
the State legislature from reducing benefits for prospective employees.


details on this decision see related item below

State of
Hawaii First Circuit Court

decision: Civil No. 07-1-1872

July 23, 2008)

UHPA Members Invited! TIAA-CREF Personal Financial Counseling Sessions

It’s never too early to plan nor too late to re-access your retirement strategies. Protect and invest your 9% and upcoming 11% pay raises. Schedule an appointment to attend a personal financial counseling session conducted by TIAA-CREF.

These free sessions for UHPA members are scheduled for Wednesday, July 16th and Thursday, July 17th from 9 am to 4 pm, at the University of Hawaii at Manoa campus in the Imin Conference Center, Mandarin Room (2nd floor).

Reserve a time by scheduling your appointment online or by calling (800)842-2007.

See flyer for additional information.