Green will not intervene in Kapi‘olani labor dispute
Gov. Josh Green issued a statement Monday saying he cannot legally intervene in the current labor negotiations between the nurses union and Kapi‘olani Medical Center for Women &Children.
Tensions between the Hawaii Nurses’ Association, which represents 600 workers, and Kapi‘olani have escalated since the former held a one-day strike Friday and the latter locked the nurses out Saturday.
Kapi‘olani management has said the lockout prohibiting HNA-represented nurses from returning to work will remain in place until the latest contract offer is unconditionally accepted.
Negotiations reached a one-year mark Friday when the strike was held. Kapi‘olani nurses have been working without a contract since Dec. 1.
HNA recently launched an online petition calling on Green, a medical doctor, to intervene.
“Nurses at Kapi‘olani are prepared to fight and they need your help,” the petition said. “Please send a letter to Governor Green and ask him to lead by intervening in the lockout and showing Hawaii business leaders that lockouts have no place in Hawaii.”
The petition has so far garnered nearly 5,000 letters of support.
Green issued a statement Monday, alongside state Attorney General Anne Lopez, saying a governor does not have the legal authority to intervene in a private labor dispute.
“I have the utmost respect for nurses and will always work to ensure they are treated fairly and with the respect they deserve,” said Green in a statement. “We worked side by side in the ER for many, many years and I think of them as family.”
He said he has fought for nurses for two decades as a legislator, health chairman and then as lieutenant governor and governor, having launched a loan forgiveness program for health care professionals.
“While I am more than willing to mediate if both the union and the employer request my help, the Attorney General has informed me that legally, I’m not permitted to get directly involved in a private labor dispute,” he said. “It’s important that we respect these legal boundaries, which limit a governor’s ability to intervene in this type of private-sector matter.”
Lopez said Green asked for her input because he cares deeply.
“The Governor has consistently demonstrated his respect for nurses over the years and the critical role they play in the healthcare system,” she wrote. “No legal basis, however, gives the Governor the authority to intervene, even when requested by one party, in negotiations between a private union and a private employer.”
“Should both parties however formally request his assistance, the Governor can certainly offer support through mediation to help facilitate an agreement,” she continued. “He has shared with me he would like to see the strikes and lockouts end for the good of all.”
A standoff between the two parties, meanwhile, continues, with each side saying that the other could end the lockdown. No new bargaining session has yet been set since the strike.
At the heart of the dispute, according to HNA, is disagreement over nurse-to-staffing ratios and how they will be set to ensure nurses do not get overwhelmed with too many patients at a time, for the sake of patient safety. Other issues include work conditions and compensation.
HNA represents 159 nurses at Wilcox Medical Center who held a candlelight vigil Monday evening to raise awareness of what they call unsafe staffing conditions there, in solidarity with Kapi‘olani nurses.