One of our union’s key functions is working together with members to solve issues when employees are being treated unfairly. As a labor union, HGEA advocates for workers’ rights in the workplace, including job security, pay and benefits, as well as for good working conditions. Whether it’s an issue such as work environment, promotions or duties, HGEA helps with everyday problems that you may face and is dedicated to protecting you. We are responsible for providing contract enforcement, receiving and investigating member complaints/concerns and filing/presenting formal grievances as well as assisting members in reorganizations, consultations and interpretation of rules, regulations, and policies and procedures related to conditions of employment, and providing arbitration representation.
Following are several examples of actual cases where HGEA members needed help, they turned to their union, and we successfully resolved their cases. We hope these stories help you understand more of what we do and how we can help you should the need arise. If you have any questions or need help, please contact your island division office or the HGEA Member Service Center at (808) 543-0000 or service@hgea.org.
Kauai Kitchen Supervisor Reinstated
Melissa Moody started as a Kitchen Helper at Samuel Mahelona Memorial Hospital in 1997. She recalls one of her favorite parts of her job, hearing the people she served each day, “I used to cook breakfast, and there was one resident that always used to tell me, ‘The pancakes are so good!’ And you know what? That’s better than a paycheck because as a person, I feel like I did my best, and even if that was just one person, it made my whole day.” Moody worked in the kitchen at SMMH for 17 years before being promoted to Kitchen supervisor, the only kitchen helper ever to receive a promotion to manager in the history of Mahelona. She has a simple philosophy, “I have the mentality of when you go to work, you’re there to work. You’re going to work, and you’re going to do your best at what you do because the outcome is our customers, the patients at the hospital.”
In her 21 years of service at HSSC, 4 of those as Kitchen supervisor, all of Moody’s evaluations had been satisfactory, but in 2017, she received her first-ever Employee Progressive Counseling Report, this was just one month after her new supervisor started at HHSC. This would be just the first of 10 reports that would lead to her termination. Three of those reports were compiled in two days when Moody was on vacation.
Moody knew about the union grievance process from her time in UPW as a kitchen helper. As a member of HGEA, she knew there was someone she could reach out to. The grievance process led to arbitration, where Moody was represented by HGEA staff. The Arbitrator found that there had seemed to be an effort to hamper Moody from having union representation at meetings. The Arbitrator also found that the Employer made no serious effort to discover whether the alleged violations occurred and that Moody was responsible. And even though she disputed every one of the reports, the Arbitrator found there was no attempt by HSSC to train or counsel Moody and no effort to consider whether “an alternative perspective offered by the employee had validity.”
All of this led to the Arbitrator ruling that not only should she receive her job back, but that she should also receive back pay. “When the Arbitrator finished his decision, a lot of the burden was lifted off my shoulders,” Moody said. She said she knew that her union was there to protect her throughout the process. “As far as being a member of the union, absolutely. No doubt about it. Because you might think, ‘I’ll never use it.’ That was my mentality. And look what happened. They were there when I needed them; after 21 and a half years of service, they were there when I needed them the most, and here we are today.”
DOE employee finally compensated for denied leave
Nearly three years after he was denied leave from his employer’s leave sharing program to seek treatment for his cancer diagnosis, Unit 3 member Rodman Moniz received compensation for 30 days leave at his current rate of pay.
“I’m grateful HGEA kept fighting,” said Rodman, an educational assistant at Pearl City High School for 22 years. He’s especially appreciative of HGEA Advocacy Chief Stacy Moniz (no relation), who took his case all the way up to arbitration, and to Union Agents Kai Hopkins and Melanie Pugay for their assistance. The state initially tried to get the case dismissed, but HGEA prevailed on the motion to dismiss and the case continued.
Rodman, who was diagnosed with cancer in 2018, had applied for leave share, but the state Department of Education denied his request because they said he did not qualify, stating that his “cancer isn’t a terminal or life-threatening illness,” and that he “was not absent from work for 30 consecutive days.”
Rodman continued to go to work to continue to support himself and his family even though he was sick from the chemotherapy. “You’re already battling something, and at the same time you’re panicking that you’re going to lose your medical insurance and not get paid. That was more stressful than the chemo,” he said.
“The people I work with are very supporting and helpful,” he added, noting it was his friends and co-workers who encouraged him to call the union. “They were just as frustrated as I was. My co-workers donated leave to the leave sharing program for me, but I was denied and couldn’t use it.”
Rodman ended treatment in 2019 and is now in remission. Throughout this whole ordeal, he remained positive and he continues to enjoy his job at the school. The HGEA staff who worked with Rodman describe him as an inspiration whose positivity never wavered in the face of his cancer diagnosis and the denials from the DOE.
“I just don’t want anyone else to go through what I did,” Rodman said. “I’m so thankful for HGEA’s help. They fight for you, and they don’t give up.”
Deputy sheriff wins back job: “I’m indebted to HGEA”
More than a year after being wrongfully and unfairly terminated from his longtime job as deputy sheriff with the state Department of Public Safety in February 2020, respected and dedicated Unit 14 member Thomas “Tommy” Cayetano has been reinstated to his position with all rights and benefits including back pay restored, as a result of a recent arbitration decision.
“I’m indebted to HGEA. When I needed them, they were there for me. They came through,” Cayetano said. “I will never forget it. I’m glad and proud to be an HGEA member.”
Cayetano is particularly grateful to HGEA Advocacy Chief Stacy Moniz and HGEA Union Agent Jesse Sliva, whom he calls his “angels” and who persistently worked on his case for two years. He is also thankful to HGEA Executive Director Randy Perreira and other staff for their unwavering support.
Unjust termination
What the arbitration hearing brought to light was yet another example of egregious conduct under the previous administration of former PSD Director Nolan Espinda. With the former PSD director’s arrogance and the department’s disregard for Cayetano’s rights, Espinda and his associates did their best to strip Cayetano of his job and tarnish his long and distinguished career. Ultimately HGEA won, and Cayetano was vindicated.
Cayetano’s termination stemmed from his truthful testimony, on behalf of the government, against former Honolulu deputy prosecutor Katherine Kealoha in the infamous mailbox theft trial in 2019. This led to PSD’s unwarranted internal investigation of Cayetano, which claimed he violated certain standards of conduct, policies and procedures by doing what they alleged were favors for Kealoha. Prior to this allegation, he had never been disciplined for any kind of infraction during his career.
Fortunately, truth prevailed. In a 97-page decision, the arbitrator concluded that PSD’s investigation was not conducted thoroughly, fairly or objectively and failed to include any interviews of witnesses, that Cayetano was doing his duties as a professional courtesy in assisting another law enforcement agency, and that PSD did not have “proper cause” to terminate him.
“I’m very happy to get back my job,” said Cayetano, who had to rely on his parents for financial help after he was terminated. “I have always presented the positive side of being a member of the state sheriff's office. I was sworn to uphold and follow the rules of the land, and that’s what I always did.”
Highly valued professional
For 38 years, Cayetano had been an accomplished deputy sheriff and had a stellar reputation for doing his job with pride and integrity, receiving law enforcement awards and praise for his work on high-profile cases. He is respected in the local and national law enforcement community and had even been featured in several segments of A&E’s Dog the Bounty Hunter. During his illustrious career, he was a recipient of the “Top Cop” award, was a founding member of the U.S. Marshal Services Hawaii Fugitive Task Force, received the Honolulu Crime Stopper’s Award for arresting the “Most Wanted” fugitives five years in a row, was the lead deputy for parolee fugitive investigations, and worked with the Drug Enforcement Agency on seizing drugs, firearms, vehicles and money.
Highly trained, educated and experienced, Cayetano is well-regarded by his superiors, subordinates, judges and other law enforcement officers, several of whom were witnesses in the arbitration hearing and testified in support of him.
- Retired Circuit Court Judge Edward Kubo, Jr. testified that Cayetano was “one of the best” deputy sheriffs and “was always truthful to me.”
- James Propotnik, a former chief deputy U.S. marshal of Hawaii and former PSD deputy director, said that Cayetano proved to be “a really good cop.”
- Cayetano’s former supervisor, Patrick Lee, a former first deputy sheriff who is now a supervising investigator with the City & County of Honolulu’s Prosecutor’s Office, stated that Cayetano was “a hard worker, and always did his best to get the job done … always very helpful, not only to other deputy sheriffs, but to other agencies as well.”
- Shawn Tsuha, a former state sheriff and deputy director of law enforcement who worked with Cayetano for 31 years, noted that Cayetano comes from a family of law enforcement officers and his “whole life has been law enforcement … I don’t think you can find any law enforcement agency in the past or until this time that’s going to question Tommy’s integrity.”
With all these accolades for Cayetano, who continued to maintain a positive attitude even after his termination, it’s no wonder the arbitration was successful. As a sheriff, Cayetano managed to obtain his bachelor’s degree in law enforcement and his master’s degree in public administration. He is also a past recipient of HGEA’s Charles R. Kendall scholarship that helped him continue his path to higher education.
Cayetano is looking forward to getting back to work and feels good about the support he’s received from the current PSD administration.
“This arbitration decision is a victory not just for me but for every HGEA member,” Cayetano said. “Be thankful for your union — they will fight for you. HGEA got our backs. To me, HGEA is family. I will forever support this union.”
Wrongly deducted vacation leave returned to Hawaii State Hospital employee
HGEA recently recovered 10 vacation days for an HGEA member and Hawaii State Hospital employee whose vacation leave was wrongly deducted last year.
The member had taken an approved trip to the mainland in 2020, and following Hawaii’s Safe Travels program requirements, she had planned to take a COVID test within 72 hours of returning home. However, during her trip, she was informed by HSH that she had to take a COVID test at the hospital upon arrival and would have to use vacation leave for an additional six to seven days per HSH rules. The member then shortened her trip to accommodate the leave.
In assisting the member with her case, an HGEA union agent found that HSH had implemented its own 10-day quarantine policy for mainland travel despite the Safe Travels guidelines. Hawaii State Hospital did not properly consult with HGEA prior to implementing their own 10-day quarantine policy and was not willing to informally resolve the situation. Thankfully we were able to resolve this and work with the employer without filing a grievance. Our member is happy to have 10 days of vacation credited back to her.
We are working with HSH on reviewing the leave of other hospital employees who may have been affected during that time.
HGEA wins prohibited practices complaint against Hawaii State Hospital
On April 20, 2021, the Hawaii Labor Relations Board heard HGEA’s Prohibited Practices Complaint against the Hawaii State Hospital and ruled in our favor. The case was over HSH’s failure to consult and negotiate with the union on terms and conditions of employment for HGEA members who will transfer to work in a new forensic/secured facility that is set to open in May of this year.
“The unilateral changes made to working conditions by HSH intentionally and willfully violated statutory and contractual rights of HGEA members in Units 3, 9 and 13,” said HGEA Advocacy Chief Stacy Moniz.
HGEA’s complaint states that HSH violated sections of Hawaii Revised Statutes Sections 89-3, 89-8, 89-9, and 89-13 by failing to conduct a formal consultation and negotiate with HGEA over its transfer of HSH employees (HGEA members) from a medical facility to a forensic/secured facility.
At the arbitration hearing, Moniz questioned HSH Hospital Administrator Ronald “Run” Heidelberg extensively about the hospital’s failure to engage in a meaningful consultation and negotiations with the union. Under direct questioning as to whether HSH consulted or negotiated with HGEA, Heidelberg said HSH did not and did not have the information necessary to do so and would have to do some research.
After Heidelberg testified, HSH conceded its position and orally agreed to stipulate to the following:
- HSH will immediately enter into a meaningful consultation with HGEA regarding the New Patient Facility.
- The parties will identify any issues subject to negotiations to obtain mutual consent.
- If HGEA believes that HSH engages in bad faith in the consultation and/or negotiation process the union may file another Prohibited Practices Complaint or pursue a grievance.
The Board decided that based on Heidelberg’s testimony it had enough information to accept the stipulation. The stipulation accepted requires that meaningful consultation and negotiations be completed before employees (HGEA members) move into the new facility. HGEA members will have a chance to voice their concerns through the formal consultation and/or negotiations process — a big win for HGEA members.
HGEA wins precedent-setting case against former Public Safety administration
HGEA recently won a precedent-setting grievance non-selection case where the arbitrator and former Hawaii Intermediate Court of Appeals Justice Daniel Foley ruled in favor of HGEA and former Unit 14 member Lanikoa “Koa” Dobrowolsky. “This is huge,” said Dobrowolsky, now an excluded member. “There’s no way I could’ve expected the same results if I had done this on my own.”
While still a deputy sheriff in Unit 14, Dobrowolsky applied for a promotion to an excluded position and after successfully completing the selection process, was wrongfully denied the job. Under the previous administration, the state Department of Public Safety historically addressed non-selection cases by sending employees’ internal complaints to the Merit Appeals Board rather than honoring the grievance process outlined in the collective bargaining agreement, or union contract.
“The state tried to get the case dismissed on the grounds that we had to go to the Merit Appeals Board,” said HGEA Advocacy Chief Stacy Moniz. “But we argued that Koa was covered by the promotions article in his contract and the arbitrator agreed. Because Koa was a Unit 14 member when he applied for the position, the arbitrator recognized that he was protected by his rights in the Unit 14 contract and he determined the case was arbitrable, so we moved to arbitration.”
Moniz and Union Agent Jesse Sliva presented an airtight case for Dobrowolsky where the arbitrated decision returned was in favor of the union. “The arbitrator concluded that the selection process had not complied with the with merit principle, as defined by the Hawaii Revised Statutes,” said Sliva. “Ultimately, the arbitrator provided us with an award that enabled Koa to finally be selected for his current position in the Department of Public Safety.”
“This is an enormous victory,” said Moniz. “Under previous director Nolan Espinda’s administration, the department perverted the interview and selection process to fit their own personal desires, which were to exclude Koa. This was the very first time where the Phase 2 interview process was done without any type of guidelines and it was blatantly obvious that Espinda was altering the process to select someone other than Koa for the job.”
“My union supported me from the very beginning,” said Dobrowolsky. “I knew that for a situation like this, it would take time and I had to be patient, but HGEA did everything they could every step of the way. Jesse and Stacy did a phenomenal job and I literally owe those guys everything.” Dobrowolsky recently assumed his new role as First Deputy of the Sheriff Division and looks forward to being part of the new team. “This administration is receptive, respectful and honored the arbitrated summary and ruling. Director Max Otani, Deputy Jordan Lowe, and State Sheriff Billy Oku absolutely supported the process 100 percent.”
Grievance results in safer working conditions at Honolulu Board of Water Supply
As a result of HGEA staff and members working together to fight for workplace safety, renovations were made to the Honolulu Board of Water Supply (BWS) Customer Care Division in 2020, and the customer service representatives (CSRs) can now feel safer from hostile customers coming into their office.
On a daily basis, the CSRs interact and come into direct contact with BWS customers, some of whom threatened to physically harm CSRs in late 2019. These customers had a known history of threatening CSRs at BWS. Previously, the Customer Care Division was entirely open, and CSRs sat behind open desks that placed them within arm’s reach of customers.
“The immediate response from BWS wasn’t sufficient to ensure the health and safety of HGEA’s members,” said HGEA Union Agent Jesse Sliva. “HGEA members organized around this issue and called a meeting with management at BWS, including BWS Director Ernie Lau. We raised our concerns, and proposed improvements and changes to security features, the physical layout of the worksite, and their policies and procedures. We also filed a grievance on behalf of all of CSRs to preserve their right to appeal further if the proposed changes didn’t materialize in a timely fashion.”
After HGEA filed and presented its grievance, BWS made many, if not all, of the requested changes. Barriers, doors and cameras were installed, resulting in a safer workplace for HGEA members.
HLRB officially establishes Bargaining Unit 15 for ocean and water safety officers
In a historic win for our members, the Hawaii Labor Relations Board (HLRB) issued its decision on January 7, 2021, formally establishing Bargaining Unit 15. The addition of Unit 15 — to represent state and county ocean safety and water safety officers — separates this group of first responders from state law enforcement officers, who remain in Unit 14. The separation will allow for bargaining and negotiations on items specific to ocean and water safety officers.
We want to acknowledge the efforts of the legislative team and many HGEA members who were instrumental in lobbying for this legislation. In September 2020, HB 1698 was signed into law as Act 031, Session Laws of Hawaii, 2020.
HGEA wins settlement for food and drug inspectors and sanitarians
Thanks to HGEA’s doggedness, approximately 25 employees from the state Department of Health (DOH) — food and drug inspectors and sanitarians — finally received compensation from a settlement, totaling nearly $200,000.
“It was a drawn-out battle because the employer kept refusing to compensate. We finally prevailed,” said HGEA Advocacy Chief Stacy Moniz.
In the settlement, food and drug inspectors were credited with sanitarian experience for the time period (August 2013 to February 2019) that they were performing additional sanitarian duties, such as food establishment inspections, while they were administratively assigned to the Sanitation Branch.
Under the guise of a reorganization in 2013, consolidating the Food and Drug Branch (FDB) and the Sanitation Branch, all FDB positions were administratively assigned to the Sanitation Branch. However, DOH evaluated the consolidation and determined that FDB and the Sanitation Branch should remain as separate branches, initiating an organizational change to re-establish the FDB and return to its functions of a fully operational branch. The FDB reorganization was approved in December 2018, and the administrative assignment of the FDB positions to the Sanitation Branch ended in February 2019.
From 2013 to 2017, HGEA persistently filed numerous grievances on behalf of the food and drug inspectors and sanitarians, and eventually filed a prohibited practice complaint with the Hawaii Labor Relations Board.
We received an overwhelmingly positive response from the DOH employees who were at last compensated for the extra duties they performed for several years. This case illustrates the importance of being an HGEA member and HGEA’s function to fight for fairness in the workplace and protect your rights and benefits.
Settlement finalized for County of Kauai’s 4-10 workweek overtime grievance
A settlement agreement was recently signed and finalized for about 400 County of Kauai employees who were unilaterally put on a temporary but mandatory four-day, 10-hour work schedule from May to July 2020, modifying contract provisions such as overtime and sick leave that were not negotiated or agreed upon. Pursuant to the settlement, affected employees in Bargaining Units 3, 4 and 13 will receive 40 hours of administrative leave to be used by June 30, 2021.
According to HGEA Advocacy Chief Stacy Moniz, “approval of administrative leave cannot be unreasonably denied.”
During the summer, on behalf of these employees placed on the modified work schedule, HGEA filed a class grievance, which the County initially denied, and the case was proceeding to arbitration. This settlement avoids the uncertainty of an arbitration hearing.
“Everyone here is very happy with the settlement, including the employees I supervise,” said Russell Wellington, Unit 13 member and recreation coordinator at the Department of Parks & Recreation. “Stacy did a great job in negotiations. The 4-10 work schedule was imposed on us, and we’re pleased we’re being compensated with admin leave for the overtime we worked.”
HGEA gets deputy sheriff’s job back after wrongful termination
In the 30-plus years that he had been an HGEA member, Brian Brunn never had to ask his union for help. But after he was blindsided with a notice of termination from his job as a deputy sheriff in February 2019, he turned to HGEA. Nearly two years later, as a result of an arbitration decision, Brunn was reinstated to his former position as deputy sheriff at the state Department of Public Safety (PSD), with back pay and benefits.
“The union really did go out of their way to help me. They were there when I needed them,” Brunn said. “What can I say, except thank you so much.”
Unfair and unjust discharge
This case of wrongful termination began back in May 2018 when Brunn suffered an injury on the job and was on worker’s compensation. He had gone through several operations and was told by his physician that he could return to full duty in October 2018. But even after providing the necessary documentation, and additionally being cleared to go back to work by a doctor the State had directed him to see for a physical exam, Brunn was denied official clearance by PSD.
PSD claimed they wanted Brunn to return to work, but he was not included in a department email that informed him so. Instead, he was sent two letters by certified mail, which purportedly directed him to return to work on January 28, 2019, but he never received the letters.
There were no attempts to make personal contact with Brunn or personally deliver the return to work notice to him, as has been past practice with other department employees. That is, until Brunn was hand-delivered the termination letter by a fellow deputy sheriff for failure to report to work for 15 calendar days, which PSD considered insubordination.
“Why couldn’t they show him the same personal courtesy when it came to delivering the return to work notice as they did when they hand delivered the termination letter?” asked HGEA Advocacy Chief Stacy Moniz. “Brian never received a return to work notice nor was he informed that PSD had cleared him for duty, and he was not warned of any disciplinary action that could be taken against him if he did not return.”
Part of PSD’s second recruit class, Brunn has more than 30 years of public service and no record of prior disciplinary action. “This was outrageous, treating him in this way,” Moniz said. “So much disrespect directed at a veteran of public safety. It was shameful.”
When Moniz became involved with Brunn’s case, he determined there was a “lack of just and proper cause to terminate” and filed a formal grievance. PSD denied the grievance and the case proceeded to arbitration.
“Stacy fought for me every time, every meeting, every time we encountered PSD. He was like my own personal representative, but he was free,” said Brunn, chuckling.
Getting by with the help of good friends
In the meantime, Brunn was struggling to survive since he had no income after his unemployment claim was denied. “I did whatever I could. I had modest savings. I sold a car and several items on Craigslist. Foodbank was another option that I turned to,” he said, explaining how he got by. “Rent was a problem and hadn’t been paid for several months. I was sent letters of eviction. I made a promise to pay the full amount when I was employed. Car insurance and other bills had to wait. Fortunately, I was blessed with friends who stopped by with something to eat and an envelope of cash to help.”
One of those friends was HGEA. When Brunn was threatened with eviction, HGEA and Executive Director Randy Perreira assisted by connecting him with the Hawaii State AFL-CIO’s Labor Community Services Program, which paid one month’s rent to keep him afloat. “HGEA went out of their way to help. I suffered a little bit, but with the union behind me the burden wasn’t that great. Nate Wong kept in contact with me, making sure I was okay going through this ordeal. Stacy kept me informed, told me how everything was proceeding. They provided whatever they could to help. That’s what you call good friends.”
While awaiting arbitration proceedings and almost a year after he was terminated, Brunn was hired as an investigator with the state Department of Attorney General in December 2019. He resigned from that position after the arbitration decision and award was made on June 29, 2020.
“We’re thrilled with the result,” Moniz said. “We hope this kind of egregious situation never happens again.”
As for Brunn, he can’t wait to get back to work. “I enjoy my job. I want to work and feel I can still contribute to the system,” he said. “I’m happy with the outcome of the arbitration. I used to think what am I paying dues for? But the union came through when I needed them. I’m really grateful. They’re the real deal.”
County of Kauai’s workweek schedule rectified after being implemented without consultation
In a case that became contentious over the last few months, the issue of a modified workweek schedule affecting about 400 County of Kauai employees has now been rectified, with a majority of County workers reverting back to their five-day, eight-hour schedule and the rest continuing the four-day, 10-hour schedule that was implemented from May to July 2020.
“Members who opted to remain on the 5-8 work schedules as well as those who preferred to work a modified 4-10 schedule have expressed satisfaction with their schedules,” said Kaulana Finn, HGEA’s Kauai island division chief. “The Mayor and his administration should have negotiated then in the same fashion that they ended up doing now, which was to allow those who wished to remain on the 5-8 schedule to do so, and those who preferred to work the modified 4-10 schedule to be able to work that schedule as well.”
“I appreciate that HGEA was there to gather member feedback and ensure I could continue working the 5-8 schedule,” said Shantelle Rego (Unit 13), Recycling Specialist, County of Kauai Solid Waste Division. “I have a lot of sports events for my children and family activities so this schedule was more accommodating, and I could focus on that instead of having to take vacation time.”
“I am grateful that HGEA worked with the employer to help support my request to work the modified 4-10 schedule,” said Kelly Agena (Unit 13), Information Technology Specialist, County of Kauai Department of Finance. “The extra day off each week gives me a chance to spend more quality time with my son.”
Mutual agreement
Since Kauai Mayor Derek Kawakami ended the four-day, 10-hour work schedule on July 27 and returned to a five-day, eight-hour work schedule, approximately 100 County employees to date have requested to remain on the 4-10 schedule. HGEA and the County of Kauai agreed on the language for the Letter of Understanding, which was signed by each of these employees and is effective through June 30, 2021.
But before this current agreement was worked out between Kauai County and HGEA, many members were upset in late April when Kawakami unilaterally implemented a temporary but mandatory four-day, 10-hour week from May 4, 2020 until July 27, 2020. Affected employees in county offices suddenly had their schedules shifted to Monday through Thursday, 6:45 a.m. to 5:30 p.m., with offices that served the public closed on Friday. The County did not honor its duty to negotiate with HGEA.
HGEA could not agree to a mandatory, across-the board 4-10 work schedule. We acknowledged that some employees were willing to work the 4-10 schedule, and we were not opposed to allowing these employees to voluntarily modify their hours to a 4-10 schedule. However, a majority of the affected members opposed the 4-10 proposal and voiced serious concerns of personal and economic hardship — such as family and childcare obligations, a second and third job — if forced to work a 4-10 schedule. To obtain an exemption, these members had to put in a written request with the County’s Department of Human Resources.
Due to the failure to negotiate, on May 1, 2020, the union filed a Prohibited Practice Complaint against Mayor Kawakami with the Hawaii Labor Relations Board (HLRB) over the County’s unilateral implementation of a 4-10 work schedule, maintaining that this work schedule change violated Chapter 89 of the Hawaii Revised Statutes and collective bargaining agreements, and that it is a negotiable matter requiring mutual agreement before implementation. An HLRB hearing on HGEA’s Prohibited Practice Complaint was conducted in July and August.
Collective bargaining not suspended
One of the key sticking points in the dispute with the County was whether or not Hawaii’s collective bargaining law had been suspended when Governor Ige issued emergency proclamations relating to COVID-19. On July 20, 2020, the HLRB issued an oral ruling in HGEA’s favor stating that HRS Chapter 89 (Collective Bargaining) was not suspended as Mayor Kawakami maintained. Prior to HLRB’s decision, Kawakami issued an advisory stating that the 4-10 work schedule his administration mandated and unilaterally imposed in May will end on July 27, 2020.
Commenting on the ruling, HGEA Advocacy Chief Stacy Moniz said, “We’re pleased with the confirmation by HLRB of what we have maintained that HRS Chapter 89 was not suspended in its entirety by the Governor. We also believe that this decision supports our position that the County cannot unilaterally change work weeks without first consulting and negotiating with HGEA. We’re not against the idea of modifying work schedules to protect employee health and safety, but we're strongly opposed to the way the administration refused to bargain and unilaterally implemented the change on all county workers. This ruling enforces the fact that the County is still bound by Chapter 89 and they need to honor our members' respective contracts even during a pandemic.”
On a separate note, HGEA filed a class grievance pursuing overtime compensation for all affected employees who worked more than their contractual eight-hour shifts during the imposed 4-10 work schedule from May 4 to July 27, 2020. The County denied the class grievance, and the case is currently on track to proceed to arbitration.
Big win for Hawaii Island workers: Class action grievance on overtime & meal allowances
In a case that illustrates HGEA’s continuous fight for fairness for our members and the vital work they do, 21 conservation and resource enforcement officers (CREOs) on Hawaii Island who had worked from May to August 2018 during the Kilauea lava flow in the Puna district recently won a class action grievance of overtime and meal allowances owed to them during that time. The win resulted in a total payout amount of $105,676.76 from their employer, the state Department of Land and Natural Resources (DLNR).
Although the CREOs, who are members of Bargaining Unit 14, had worked overtime, they were not compensated for their overtime hours and meal allowances in accordance with the contract. In fact, DLNR violated the collective bargaining agreement by instructing them to submit timesheets not reflective of the overtime hours actually worked. On behalf of these Unit 14 members, HGEA Union Agent Audrey Kahawai-Kekipi filed a grievance in October 2018 after the violation became known. “We fought for them to be compensated in line with the overtime and meal allowance articles in the contract and not by what the employer told them they needed to claim,” Kahawai-Kekipi said. “Essentially, the employer had shortchanged them.”
CREOs are not typically considered shift workers, yet the employer created shifts and did not pay them accordingly. In addition, the officers are usually compensated for drive time from home to the worksite and then from the worksite to home after their scheduled hours of work. In this case, they were not. Kahawai-Kekipi noted, “CREOs assisted with ensuring safety of the public per each 12-hour shift worked in the lava zone. Some of them drove two hours pre-shift and two hours post-shift. It’s a safety hazard because they were working between 14 to 16 hours including drive time and were getting less than 12 hours of rest in between shifts.” According to the Unit 14 contract, overtime work occurs “in operating units subject to shift work when an Employee is required to report to a new shift with less than lapse of twelve (12) hours of rest, the Employee shall continue to earn overtime until such a rest period is granted.” During this time, DLNR did not consult with HGEA on any of the changes to the CREOs’ work conditions, hours and wages.
“The successful resolution of this grievance was the result of teamwork,” said Kahawai-Kekipi, giving credit to the HGEA staff that helped guide her with the grievance process and were instrumental in securing the settlement agreement — Consultant Nora Nomura, Advocacy Chief Stacy Moniz, Deputy Executive Director Debra Kagawa and Union Agent Lorena Kauhi.
“After we showed the employer the documents to support our case and the data to clearly show what was owed to each individual, it didn’t take long for them to acknowledge and agree to the settlement,” Kahawai-Kekipi said. “What’s important is that the integrity of the contract is preserved. In this case, HGEA’s fearless advocacy helped to ensure that. The members are very happy with this win. They are grateful and understand the importance and value of being an HGEA member.”
HGEA helps park ranger who faced workplace retaliation
What would you do if you believed your boss asked you to do something against a co-worker that wasn’t right? What if your boss ridiculed you repeatedly for not doing it? Then changed your days off without consulting with you, knowing that your days off were your Sabbath.
This situation happened to a fellow HGEA Unit 3 member who is a Park Ranger. He turned to his union for help. A grievance was filed on his behalf, and after a process that included an investigation, meetings, discussions, and an arbitration hearing, relief was provided to the union member.
The Park Ranger had been on the job for about 10 years, and it was going well until the day his boss asked him to watch a new co-worker and “get dirt on him.” The Park Ranger balked at the request. The boss wanted him to stay with the co-worker constantly throughout the day and report back. When he didn’t comply, the boss verbally harassed him and eventually changed his days off knowing that he had waited several years to get Friday and Saturday off.
The arbitrator determined that the Employer violated Article 4(B) and 5 of the collective bargaining agreement (CBA). The decision concluded that Article 4(B) requires that changes in conditions of work covered by the CBA be made with mutual consent and whenever possible, work schedules shall provide an Employee with two consecutive days off. The arbitrator also determined that it was still possible to accomplish the Employer’s mission and grant the Park Ranger Fridays and Saturdays off.
The case was successfully presented by the HGEA Advocacy Group. Stacy Moniz, advocacy chief who argued the case, stated that he is very happy with the result because through the union’s efforts the harassment and retaliation against a union member was eliminated. Moniz stressed that hopefully the decision would motivate the Employer to be more proactive in preventing incidents like this one.
This case helps to illustrate how employees can be mistreated in the workplace and why enforcing HGEA’s collective bargaining agreement, your contract, is so important. To view a copy of your contract, log in to the HGEA website and go to the Member Dashboard. It’s important for everyone to review their contract and know their rights.
Adverse action in temporary assignment process
The following story highlights a case of injustice in the promotional process and how that was eventually resolved. For privacy reasons the member’s name and department are being withheld.
A state employee in a secretarial position was excited to learn about a potential temporary promotional opportunity in her department. Looking like a good fit for her skills and experience, she submitted her application and went through the interview process. It was a happy day when she was notified that she got the temporary assignment and was given a start date. But the temporary assignment never materialized. “The department never notified me that they had rescinded the offer. They had mentioned it to my supervisor — she was told not to tell me — but she did anyway and that is how I found out,” said the Unit 3 member. “No official written notice was given to me until over a year later.”
She reached out to her union representative at HGEA. At first it seemed like the situation had hit a dead end because the deadline for filing a grievance had passed. She was told there was nothing that could be done. But she persisted in following up because she believed that she was treated unfairly. In the meantime, her former agent resigned, and she was assigned to Advocacy Chief Stacy Moniz.
Upon further investigation, Moniz found enough information to file a step one grievance, asking for and obtaining documentation in the process. At step one, where the employer and union meet, there was no resolution. The department held firm on its decision to retract the promotion. Moniz believed that there was a violation of the employees’ rights; he found that false statements were made and had documentation to back up the claims. He made it clear that HGEA would not back down and that this case would be heading to arbitration. Because of the employee’s persistence and union advocacy, the department eventually settled.
“From day one Stacy made me feel like a whole person. I had someone on my side to help me. I am just happy it’s now behind me,” said the member. “I am forever grateful for Stacy and HGEA.” The employee did not get the temporary promotion, but she was compensated and will receive 50% of the pay differential that she would have received in the TA position for the 18-month duration. “Every day when our members clock in, HGEA is there to deal with the issues and problems that they have to face on the job. If our union wasn’t there to help, who would be?” said Moniz.
Unfair mandatory overtime at Hawaii State Hospital
In June 2017, the Hawaii State Hospital implemented mandatory overtime for Unit 9 registered nurses without consulting HGEA. As an example, if one nurse worked an 11 p.m. to 7 a.m. shift and another nurse called in sick or took vacation for the next shift, about 10 minutes before the 11-7 shift ended the nurse finishing his or her shift was ordered to work the 7 a.m. to 3 p.m. shift. If he or she refused, it was considered insubordination and there was threat of disciplinary action.
“With no guidelines or policies in place, the mandatory overtime was unfair and punitive to the nurses who came to work,” said Jojo Kawana, a registered nurse at the state hospital and Unit 9 director on the HGEA State Board of Directors.
HGEA, namely Advocacy Chief Stacy Moniz, first filed a grievance on behalf of the nurses. “Stacy met with the nurses. He listened, believed and understood the issues, our concerns and our frustrations,” added Kawana. A prohibited practice complaint was then filed with the Hawaii Labor Relations Board, which conducts hearings to fairly and efficiently resolve labor disputes, and decides complaints filed by public and private sector employees, employee organizations or unions, and employers alleging prohibited or unfair labor practice complaints.
After numerous meetings with the hospital administration, a settlement agreement was reached by HGEA and the employer, Hawaii State Hospital. While mandatory overtime is not prohibited due to hospital safety and may be required at times, the agreement provides clear guidelines for the nurses and management to follow. “Through mutual cooperation of the nurses and hospital management, we’ve created a more positive work environment at the hospital,” said Moniz.
Kawana agrees. “Nurses have reported having Stacy with them at their meetings and investigations have reduced their stress. They can see the value and importance of the union and being a union member.”
Hawaii Labor Relations Board rules in favor of HGEA: Medical examiner’s investigators join Unit 13
When a person dies unexpectedly, accidentally or violently on Oahu, it’s not only police who respond. City and County of Honolulu Medical Examiner’s investigators are there, too. These investigators are the men and women who gather evidence, determine the facts, and talk to witnesses to help the medical examiner determine a person’s cause of death. Often, they are also tasked with the difficult job of letting a family member know that their loved one has passed. The advanced education, knowledge, skills and abilities required to perform these jobs are more consistently found in Bargaining Unit 13 than in Bargaining Units 3 and 4.
Based upon HGEA’s petition to the Hawaii Labor Relations Board, the Board ruled Medical Examiner’s Investigators I and II and Medical Examiner’s Investigative and Operations Supervisors are to be transferred from Bargaining Units 3 and 4, respectively, to Bargaining Unit 13.
HGEA wins settlement for educational assistants
HGEA filed a Prohibited Practice Complaint with the Hawaii Labor Relations Board in June 2013 against the State Department of Education and the Board of Education for failing to consult with the union on the decision to withhold a paycheck from the Zones of School Innovation Educational Assistants. In December 2014, a decision in favor of the union was rendered.
Funding for payments went through the legislative process, and payments to the educational assistants were recently made in the summer of 2015.
This case and others like it that fight for fair treatment for HGEA members are funded through union dues that are paid by all members.
Grievance settlement preserves member’s benefits
A Unit 9 (registered professional nurse) member contacted HGEA about a scheduling problem in an emergency room that was adversely affecting his working conditions. More specifically, because of insufficient staffing in the emergency room, this RPN was scheduled to work almost every weekend for an extended period. Under the Unit 9 contract, employees are not to be scheduled to work more than three consecutive weekends without getting a weekend off. Only in the event of an emergency can an employee be required to work in excess of such limitations. However, there was no emergency. The underlying problem was a lack of nurses to properly staff this emergency room on a 24/7, 365 basis. To receive time off during weekends, he was forced to take vacation leave, which is inappropriate. In addition, he was denied overtime as required under the Unit 9 contract whenever he worked a fourth consecutive weekend, which occurred quite frequently over many months.
As a remedy in our grievance, HGEA required the employer to comply with the Unit 9 contract by crediting his vacation leave balances whenever this member was forced to work more than three consecutive weekends, and paying overtime for each hour of work performed on the fourth consecutive weekend, including any applicable differentials.
We were successful in achieving these remedies through the grievance process. The employer agreed to credit this member’s vacation leave whenever he worked the fourth consecutive weekend and to pay overtime for all the hours he worked during those particular periods. This provided a significant monetary benefit to him in the payment of overtime and the restoration of his vacation leave.
HLRB officially establishes Bargaining Unit 14
On November 7, 2013, the Hawaii Labor Relations Board (HLRB) issued its decision formally establishing Bargaining Unit 14 and the classes within the unit. The addition of Bargaining Unit 14, to represent state law enforcement officers and state and county ocean and water safety officers, is the first new bargaining unit to be created since the 1970s — a significant accomplishment. Unit 14 members were previously part of Unit 3 (non-supervisory employees in white-collar positions).
Many HGEA members and staff were instrumental in the creation of this new bargaining unit, working countless hours of meetings, conducting research, drafting legislation, lobbying at the state capitol, providing testimony and educating lawmakers. It took three legislative sessions to pass, but in June 2013, Senate Bill 883 was signed into law as Act 137, Session Laws of Hawaii, 2013.
After the bill became law, the unit had to be formally established through a petition with the HLRB, which is charged with establishing procedures and investigating and resolving any dispute concerning the designation of an appropriate bargaining unit and the application of Section 89-6, HRS to specific employees and positions within a bargaining unit.
In its petition to the HLRB submitted in August 2013, HGEA identified the various classes that should be included in Bargaining Unit 14 — state deputy sheriffs, conservation and resources enforcement officers and harbor enforcement officers as well as state and county ocean and water safety officers. None of the employers expressed any objections to the classes and series identified in our petition.
HGEA helps Hawaii County employee get her job back
In 2012, Hawaii County Elections Program Administrator Pat Nakamoto’s world was turned upside down when she was wrongly accused of allowing employees to store private equipment and alcohol on county property. After years of exemplary service she was suddenly under investigation as accusations flew during a tumultuous political year. The situation was hitting the local newspapers, and as a high-profile county employee, she was eventually fired.
As the situation deteriorated from an investigation to termination, Nakamoto for the first time turned to her union, the Hawaii Government Employees Association, for help. Her union agent and the HGEA Hawaii Island division chief listened to her explain the situation and what had happened. They quickly realized that she hadn’t violated any rules and that the union had a good case to fight for her. As they continued their investigation, they also educated Nakamoto on the grievance process and what events were likely to lie ahead. As time went by, the situation didn’t improve immediately. The first grievances filed were denied. Nakamoto was left worrying about how she would get by and pay her bills and if she would be able to get another job. Because she had no job, she had to get her own health insurance and pay exorbitant premiums. Additionally, she had been denied unemployment benefits. It was a very difficult, stressful time for her. The union was the one constant positive during this time, providing advocacy and fighting for her when she did not have any income and her future was uncertain.
Nakamoto was your typical HGEA member who worked hard, did her job and didn’t have any worksite problems. She never thought she would need to call on the union for assistance. “I realized after being a union member for all these years and not being involved, how very important the union really is,” said Nakamoto. “HGEA was there for me when I needed them. It really is like an insurance policy — we pay our dues and may never need the help, but then something devastating happens. You don’t know how much your dues are worth until something happens to you.”
HGEA continued to work through the proper channels of the procedures that have been put in place by the union through negotiations with the employer — this allows for an unbiased review of the complaints on both sides to come up with a fair resolution. These hard-fought and bargained for contractual rights and benefits give the union the ability to fight for our members. They’re there to protect all HGEA members.
Eventually, after about a year, Nakamoto was reinstated. “I am very happy that I am a union member,” said Nakamoto. “Without HGEA, I wouldn’t have gotten my job back.”