LIHU‘E — According to an amended prohibited practice complaint filed by the Hawai‘i Government Employees Association, 59 out of 82 members surveyed were opposed to a proposed four-day, 10-hour work schedule prior to its implementation for County of Kaua‘i workers.
Earlier this month, HGEA filed a complaint with the Hawai‘i Labor Relations Board, alleging the county intentionally and willfully violated collective-bargaining laws in Chapter 89, Hawai‘i Revised Statutes, which states the county must consult and negotiate provisions affecting changing employee work conditions, and work toward a mutual consent and agreement.
“What was consistent throughout was that the affected HGEA members had numerous questions and concerns regarding the proposal but there was insufficient time to have further dialog,” the complaint reads.
On April 16, Mayor Derek Kawakami informed HGEA that county employees would be starting a four-day, 10-hour-a-day work schedule beginning April 27, according to the complaint. The next day, county Managing Director Michael Dahilig emailed HGEA explaining the four-day work week schedule, but the group said this lacked necessary information.
The county’s director of the Department of Human Resources informed HGEA its department was drafting an advisory of which offices and departments would be affected by the schedule change the next day.
After a back-and-forth among Dahilig, HR and HGEA, the union held that since work conditions would change, there needed to be a consultation/negotiation so it could use the formal language of the proposal to bring to union members.
The county pushed back the implementation of the schedule from April 27 to May 4 to allow HGEA time to reach out to members. HGEA did not comment on the pending complaint.
“An overwhelming majority of the members who responded opposed the proposal for a mandatory 4-10 work schedule,” the complaint reads.
Of 82 members, 17 were in favor, six were neutral, and 59 opposed the proposed schedule. Employees in bargaining units 3, 4 and 13 were affected.
HGEA Executive Director Randy Perreira explained that the change disrupts normalcy during the
pandemic in a memo to the mayor, and that a change such as this would be subject to negotiations.
“(Members) voiced serious concerns about how they would suffer great personal and economic hardship if forced to work a 4-10 work schedule, even temporarily,” Perreira wrote. “Family and childcare obligations and responsibilities are main reasons a 4-10 work schedule is not a viable option. Additionally, many of our affected members depend on second (and even third) jobs just to make ends meet.”
HGEA requested the HLRB require the county to formally consult and negotiate with HGEA, and have work schedules return to the status quo during this time.
Under the mayor’s movement reduction with flextime policy, modified county employee schedules are set Monday to Thursday from 6:45 a.m. to 5:30 p.m. Flextime is allowed within 6 a.m. to 6 p.m. with departmental approval, as long as it does not affect public services.
Holiday benefits were affected slightly. During the four-day week holiday pay is at 10 hours, and for holidays landing on Fridays, employees will gain another paid day off to be used within three months of the holiday.
There is an exemption process, but HGEA asserts this violates privacy acts, “placing a burden on the members to have to disclose otherwise confidential information concerning health or personal matters to various departments,” including an employee’s supervisor, DHR and the Mayor’s Office.
Kaua‘i County Council Vice Chair Ross Kagawa voiced his concern for the way the change was implemented early on. “I had heard from employees working 30 years at 8 a.m. to 4:30 p.m.,” he said, “to have it changed, mandatory….it was really unfair.”
In a statement Wednesday, Kawakami expressed this “temporary emergency action was taken in the name of public health” and allowed by emergency laws.
“We respect HGEA’s right to disagree with how much collective-bargaining process must be maintained to initiate temporary changes to working conditions during an emergency,” Kawakami said.
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Sabrina Bodon, public safety and government reporter, can be reached at 245-0441 or sbodon@thegardenisland.com.
