Payroll Lag

 [Hawaii State Supreme Court] The State’s final appeal of the payroll lag issue, where the state unilaterally delayed the payment of salary for all public employees beyond the end of the fiscal year to “save money,” has finally ended. The position of the UHPA has been upheld to the extent that we argued in the Federal District Court, Hawaii Labor Relations Board, and the State Circuit Court, that the then existing contract barred the state from implementing these new payroll dates from the prevailing pay periods of the 15th and 30th of each month.

Our current contract, which is effective through June 30, 2009, continues that bar. However, the Court majority did not agree that the subject of payroll dates was one of core subjects of collective bargaining. This means that the Court has said that the payroll date would not be a mandatory subject of bargaining, and could be subject to change through legislative action. (Governor Cayetano initiated the payroll lag and the state legislature enacted the law that removed the issue from scope of bargaining in 1996.)

In a concurring but dissenting opinion, Justice Acoba states, “The conclusion the majority arrives at runs contrary to the findings made by the HLRB and the federal courts that pay dates are material to collective bargaining….”Defendants [the State of Hawaii] did not challenge the court’s findings that injury would occur to Plaintiffs [UHPA on behalf of the faculty] if the pay lag were imposed. The court’s findings in this regard then must not be disturbed and, thus, the majority is incorrect.”

There will be no payroll lag before the end of this contract in 2009.  However, the issue of day dates will be another subject of bargaining, along with retirement issues and health insurance coverage, that has been taken away from public employees in Hawaii. 

UHPA will work to gain support from the other public sector unions, including HGEA and the HSTA, to repeal the law that took away payroll dates as subject of bargaining. If the law remains in effect, then UHPA will make proposals in the next round of bargaining that specifically provide that faculty members are fully paid the annual salary that is negotiated within the period of their appointments.

Manoa at Large Election Results

Ballots were due May 5, 2006.

Ballots were counted May 8, 2006.

1771 ballots mailed

 335 ballots received by deadline (19% voter turnout)
 – 4 ballots spoiled or invalid
 331 valid ballots

[Amended 5/15/06 to delete percentages and total number of votes cast]

150 votes William Albritton
155 votes Richard W. Nettell
175 votes Amarjit Singh (elected)
194 votes Duane Stevens (elected)
199 votes Charles W. Weems (elected)

(some ballots had fewer than 3 votes)

The three elected candidates will represent Manoa at Large and serve on the Board of Directors from September 1, 2006 to August 31, 2009.

Manoa at Large Special Election Results

John Wendell, College of Business Administration, has won the special election
for UHPA Director representing Manoa at Large. His term begins immediately and will run until August 31, 2008.

The election results were:

 89  Catherine Chan-Halbrendt
 27  Michael D’Andrea
 72  Sarita Rai
112  John Wendell [elected]
300  valid ballots received by deadline
   3  invalid ballots

Faculty Representative Election Results

PAU 024 Leeward Community College
2 yrs Jake De Ste Croix
1 yr  Stephen Herr

PAU 035 UH Hilo
2 yrs Ernest Kho
1 yr  Charles Simmons

PAU 116 UH Manoa Library Services
2 yrs Vickery Lebbin

Those elected for two-year terms will serve from June 1, 2006 to May 31, 2008.

Those elected for one-year terms will serve from June 1, 2006 to May 31, 2007.