New Notification Requirements for Placement on Administrative Leave with Pay

Many faculty members who were placed on administrative leave with pay were subject to ongoing 30 day extensions without being informed of the need for the extensions.These situations often were a result of administrative investigations based on workplace violence or Title IX. complaints. Investigations were ongoing for substantial periods of time with no information forthcoming on the status of the activities. These extended periods of time can have negative consequences on a faculty member’s work and standing within the academic community.

Under a new Memorandum of Understanding faculty members shall receive the rational and supporting facts for the extension. The information shall include the anticipated end point of the investigation. This helps ensure that investigations are dealt within the proper timeline often prescribed within UH administrative policy.

The MOU modifies Article XVIII, Section B.6 Disciplinary Actions.

UH-Manoa Periodic Review Due Dates Extended

The UHPA and UH-Manoa have jointly extended the due date for notification of faculty up for 5-year review this academic year from Saturday, September 1st to Friday, September 7th.  In addition, the due date for “academic profile” will be moved from Saturday, December 1st to Monday, December 3rd.

Political Action Fund Objection

UHPA has an active Political Endorsement Committee that has participated in state & federal elections through political endorsements, contributions to candidates and independent expenditures on behalf of our endorsed candidates. The UHPA Board of Directors has taken action to allocate from the dues of all Bargaining Unit 7 members an amount of $5.00 a month to be placed in a Political Action Fund. The Fund will be subject to the accounting requirements and used for purposes consistent with the Hawaii State Election and Federal Election laws.

Our policy allows Active members of UHPA to object to the $5.00 per month allocation to the Political Action Fund. This will not lower their total dues, but it will not add to the total amount of funds allocated for partisan political purposes with respect to candidate endorsements and contributions. If an Active member chooses to object to this funding, they will not be allowed to vote on any recommendation for candidate endorsements made by the Board of Directors.

The request to withhold funding from the Political Action account must be made each year.  If you do not wish to contribute to the “candidate endorsement” fund for fiscal year 2018-2019, then you must sign, date, and return an UHPA Allocation Objection Form by October 1, 2018.

The UHPA Board of Directors has taken this action in response to the strong feelings held by some members that the union should not participate in making candidate endorsements or political contributions. However, we believe it is essential for a public sector union to maintain a political presence since the fundamental work of our bargaining with the State of Hawaii is ultimately subject to legislative approval.

UHPA Office Closed August 23 & 24

Due to the expected impact of Hurricane Lane, the UHPA office will be closed on Thursday, August 23, and Friday, August 24, 2018.  We anticipate that we will be back in business at 8 a.m. on Monday, August 27, 2018.

Colleen Hanabusa’s Mahalo to Our Brothers & Sisters in Labor

Mahalo, everyone! Donʻt forget to vote!

A special message from Colleen Hanabusa to say MAHALO to our brothers and sisters in labor for all their support with Hanabusa for Governor campaign.

UHPA’s Series of Requests to Meet Repeatedly Ignored; Prohibited Practice Complaint Filed

NEWS RELEASE

Date: August 6, 2018

Contact: Kris Hanselman
Executive Director
(808) 593-2157
kris@uhpa.org

FOR IMMEDIATE RELEASE

Gov. David Ige and State Comptroller’s Inattention to University of Hawaii
Professional Assembly and U.S. Supreme Court Ruling
Result in Inaccurate Payroll Deductions for UH Faculty

UHPA’s Series of Requests to Meet Repeatedly Ignored;
UHPA Files Prohibited Practice Complaint with Hawaii Labor Relations Board

The University of Hawaii Professional Assembly (UHPA), the union that represents UH
faculty, filed a prohibited practice complaint against the governor and the director of the
Department of Accounting and General Services (DAGS) with the Hawaii Labor
Relations Board last Friday afternoon.

The filing urges Gov. David Ige and DAGS director Rod Becker to heed UHPA’s
requests for a “full, immediate, and effective” discussion on faculty payroll deductions to
meet the requirements of a U.S. Supreme Court ruling.

UHPA’s requests to meet with the governor and other government agencies to prepare
for the payroll deductions in anticipation of the U.S Supreme Court ruling on Janus v.
AFSCME began nearly six months ago, but those requests were continually ignored.

The lack of consultation resulted in payroll deduction errors in two consecutive faculty
paychecks within the last month.

Background
When the U.S. Supreme Court issued its landmark ruling on Janus v. AFSCME in late
June, it came as no surprise. For months, there had been indications the justices would
rule in favor of a right-to-work environment in the public sector. This meant the State of
Hawaii, the employer of UH faculty, could no longer automatically deduct agency fees
from the paychecks of non-members — the equivalent of union dues from members.

Despite UHPA’s continuous outreach efforts, the governor’s office nor DAGS granted a
request for a meeting. As a result, the State of Hawaii was not able to meet its legal
obligations and this resulted in payroll deduction errors in faculty paychecks in July.
These errors have not yet been fully resolved.

“The payroll errors are the result of DAGS creating its own unilateral payroll policies and
procedures without consultation and prior planning with UHPA. This is a violation of
Hawaii’s collective bargaining laws,” Hanselman said. “In addition, DAGS has imposed
unrealistic deadlines on UHPA to support this system they created. We do not have
confidence that these kinds of errors will not continue in the future.”

After months of UHPA’s requests for a meeting, DAGS has suddenly requested a
meeting with UHPA for August 13 — nearly a month and a half after the initial error-plagued
faculty paychecks were issued.

“They are a day late and dollar short,” Hanselman said. “This crisis could have been
averted if the governor and his agencies collaborated with us at the front end, not after it
occurs,” said Kris Hanselman, UHPA Executive Director. “We believed the governor
would understand the gravity of this situation and do the right thing, the right way, but it
appears his administration did not take this U.S. Supreme Court decision seriously and
now we are having to spend time and resources to fix the problem to meet our
obligations to our members and our organization.”

Read Prohibited Practice Complaint

UHPA Invites You to Join the Rally for Hanabusa

Please Join us on Thursday, July 19, 2018, Kalani High School, 6-8 pm See You There!!

Register to Vote at Walk In Polling

Reminder: The deadline to register to vote online is this Thursday, July 12th.  It is very simple and easy to do.  Simply visit the link below to begin.  You can also request a mail ballot or update your voter registration all online.

A Different Take on the U.S. Supreme Court “Janus” Ruling

By Lynne Wilkens, UHPA President

This past week’s U.S. Supreme Court decision on Janus v. AFSCME (American Federation of State, County and Municipal Employees) has created a stir across the nation.

The ruling overturns the Supreme Court’s 1977 ruling on Abood v. Detroit Board of Education that has served as a precedent for more than 40 years. Janus serves as a new landmark case and is causing concern over the loss of employee rights and a weakened collective voice in the workplace. There has also been not-so-subtle gloating about renewed power for employers with a legal way to defund and cripple unions.

Backers of Mark Janus, the Illinois child worker, argued collective bargaining is inherently political in nature. Therefore, union members should no longer have to pay member dues because any assertions by unions violate the First Amendment rights of its members.

Yet in Hawaii, there is a different tenor and tone in response to Supreme Court’s decision. Over the past 18 months, the University of Hawaii Professional Assembly (UHPA) armed its members with accurate information to brace them for the anticipated ruling and will continue to update its members as the new law is implemented in our state.

Hawaii embedded collective bargaining in its statutes to “promote harmonious and cooperative relations between government and its employees and to protect the public by assuring effective and orderly operations of government.” This establishes joint decision-making between government and its employees to create a win-win environment that supports Hawaii’s cultural values, our economy and our future.

University of Hawaii faculty members know that with UHPA as their designated union, they can speak with a strong, unified voice to negotiate with the UH administration and governor at the bargaining table. As a unified group, they can persuade legislators to release funds for wages in ratified contracts. All of this may seem overtly political because of the way the faculty contracts are approved and funded.

Under the Janus ruling, UHPA will continue to ensure contracts provide equitable and satisfactory terms of employment for all faculty, regardless of whether they are union members. However, support for grievances and other services will no longer be available to non-paying members. This is fair for the paying members.

Some UHPA members may not want to give up 1% of their salaries for agency fees. But we believe the majority of the members want UHPA’s representation and are willing to pay for it.

The broader community also benefits from a healthy equilibrium of power in the workplace. There is a UH professor who generates $35 million in non-state research funding and 450 jobs. This is only possible because the 4,000 faculty members at the 10 University of Hawaii campuses across the state represented by UHPA can focus on quality teaching, research, and community service due to the good contract they have in place.

Take away faculty’s voice and rights, and these community benefits also go away. Faculty members will not stay at the UH if they are treated unfairly, especially if they are offered a much more attractive compensation package from another university — another type of brain drain.

UHPA has a solid record of effective representation of UH faculty over the past 40 years. The union provides significant value for the dollar in contract negotiations, grievance settlements, and representation of faculty interests. This high-performance service has only been possible because of the collaboration between UHPA and its membership and we are confident this partnership will continue to play a vital role in the future.

Lynne Wilkens is president of the University of Hawaii Professional Assembly’s board of directors.

Same-Day Registration and Voting Available in the Upcoming Elections

In the 2012 elections, Hawaii’s voter turnout was just 44.5%, the lowest of all the states in the nation. In 2016, Hawaii earned the dubious distinction once again with only 43% of Hawaii’s eligible voters casting a ballot. By contrast, that year Minnesota had the highest turnout at 74.8% and the overall national turnout of eligible voters was 60.2%.

To improve voter participation, in 2014 Hawaii became the 12th state in the nation to adopt a same-day registration policy to allow residents to register on the day they go to the polls. This is the first election year that Hawaii is having same-day registration.

If you haven’t registered yet, you can register up until the day the Primary Election on August 11, 2018. The polls are open from 7 am to 6 pm.

Early Voting

If you do not plan to be in Hawaii on the day of the Primary Election, you can vote early.

Deadline to submit mail ballot request: August 4, 2018 (seven days prior to election)
Early walk-in voting: July 30 – August 9, 2018

Vote Early

Any registered voter may request a mail ballot or cast their vote at an early walk-in location within their county. Click here for a list of walk-in early locations.

Mail-in ballot

To get a mail ballot, simply download, complete and submit a voter registration and permanent absentee application online. Click here for to download the PDF.

You can expect to receive your absentee ballot in the mail 20 days prior to the election, which means it should be in your mailbox any day now, if you’ve already registered. Your ballot must be submitted back to the State of Hawaii’s Office of Elections before the polls close at 6 pm for both the primary and general elections.

Vote for Those Who Support Faculty

UHPA has publicly endorsed a number of candidates who are running in this year’s election because of their track record of support for higher education and faculty. Please consider voting for these candidates:

Governor: Colleen Hanabusa
Lieutenant Governor: Jill Tokuda
Congress (1st District): Beth Fukumoto

Hawaii State Legislators – House

House District 3: Rep. Richard Onishi (Hilo, Keaau, Kurtistown, Volcano)
House District 7: David Tarnas (North Kona, North Kohala, South Kohala)
House District 9: Rep. Justin Woodsen (Kahului, Puunene, Old Sand Hills, Maui Lani)
House District 23: Dale Kobayashi (Manoa, Punahou, University, Moiliili)
House District 25: Rep. Sylvia Luke (Makiki, Punchbowl, Nuuanu, Dowsett Highlands, Pacific Heights, Pauoa)
House District 26: Rep. Scott Saiki (McCully, Kaheka, Kakaako, Downtown)
House District 31: Rep. Aaron Johanson (Moanalua, Red Hill, Foster Village, Aiea, Fort Shafter, Moanalua Gardens, Aliamanu, Lower Pearlridge)
House District 36: Dean Hazama (Mililani Mauka, Mililani)
House District 48: Lisa Kitagawa (Kaneohe, Kahaluu, Waiahole)
House District 49: Scot Matayoshi (Kaneohe, Maunawili, Olomana)

Hawaii State Legislators – Senate

Senate District 4: Heather Kimball (Hilo, Hamakua, Kohala, Waimea, Waikoloa, Kona)
Senate District 7: Kalani English (Hana, East and Upcountry Maui, Moloka‘i, Lana‘i, Kaho‘olawe)
Senate District 19: Alicia Maluafiti (‘Ewa Beach, Ocean Pointe, ‘Ewa by Gentry, Iroquois Point, portion of ‘Ewa Villages)
Senate District 24: Jarrett Keohokalole (Kane‘ohe, MCBH, Kailua, He‘eia, ‘Ahuimanu)

View UHPA’s endorsements of these candidates.