The state’s dangerous plans for in-person learning while coronavirus cases are exploding in our state, along with other violations of labor agreements, prompted the Hawaii State Teachers Association to file a prohibited practice complaint with the Hawaii Labor Relations Board (HLRB) against the state of Hawaii.

The HSTA requested impact bargaining with the Hawaii State Department of Education (HIDOE) over the changing community conditions (with COVID-19 spreading) and newly modified instructional plans. The state has refused HSTA’s demand to bargain over the change in working conditions, especially in light of the exponential growth in the spread of COVID-19 and infection at a growing number of schools since the beginning of this month and/or failing to bargain in good faith.

“The spike in COVID-19 cases and the widespread transmission of the virus is an unsafe and hazardous condition which imminently endangers the health and safety of all BU-5 (HSTA) members who are required to report to their respective school and related worksites,” HSTA’s prohibited practices complaint said.

The HIDOE inappropriately claims that there is no significant change in working conditions, buildings are open, schools are safe, and students can return and teachers will need to report to their worksites next week.

On Aug. 7, the department announced that during the first week of school, starting Aug. 17, “students will physically return to campus on a coordinated and scheduled basis.”  

HSTA’s HLRB complaint said, “The Employer did not negotiate or bargain in good faith with the HSTA prior to its announcement in regard to the spike and rapid spread of COVID-19 cases that changed the working conditions of HSTA’s members and render their worksites unsafe, did not specify the number of students that were reporting back to school, in person, on 8/17/2020, and did not appear to comply with the MOU (memorandum of understanding) which required meaningful consultation and direction from the DOH on health and safety measures, a written procedure for health screening at each school and worksite, and the implementation of health check (e.g. temperature screening and/or symptoms checks) procedures upon reopening of schools.”

“The COVID-19 outbreak has infiltrated at least 15 Hawaii public schools whose employees, staff members or persons on campus tested positive … and/or have been quarantined,” the complaint said.

With rising cases, the state Health Department’s contact tracers have been overwhelmed, forcing principals to notify staff and families to try to keep them safe.

In a recent email to school staff, one principal wrote, “Because DOH is busy with an increased caseload we have done initial notifications to those we feel might have been in close contact and they have been approved for teleworks for a two week period as a precautionary measure.”

“The Employer has not disclosed how many school staff members are currently being quarantined, which directly impacts the ability of a school to safety provide instruction,” HSTA’s complaint said.

HSTA is also requesting that the HLRB issue a declaratory ruling that the state’s planned action violates the relevant state workplace safety rules by forcing teachers into a hazardous workplace, and an injunction to prevent the state from violating these rules.

HSTA will also file a class grievance on behalf of Bargaining Unit 05 employees because of violations to the HSTA collective bargaining agreement (contract) and memorandum of understanding (MOU) reached with the state of Hawaii in June.

The state committed to language in HSTA’s MOU that “in-person school will resume in conjunction with written guidance from the State of Hawaii Department of Health (DOH).” In particular, the HSTA has requested written guidance on triggers and standards which the DOH has determined when schools are safe to open for in-person learning when they should close and/or should reopen after a closure. Despite repeated requests, the DOH has not provided written guidance on this crucial issue.

According to the complaint, on Aug. 12, HIDOE notified HSTA “that it could not provide the union with the number of students expected to report to school on 8/17/20, had no update on any written guidance from the DOH, and could not confirm whether each school had the mandatory written procedures outlined in the MOU.”

The DOE claimed the intent of the scheduled first four days on campus for students starting Monday is for parents and students to pick up distance learning packets and materials. 

At a news conference Thursday, HSTA President Corey Rosenlee said, “HSTA believes this can be done by setting up a grab-and-go system or a drive-through process that some schools have wisely already decided to use next week. I want to applaud all the principals across the state that have chosen this model. Other schools, unfortunately, will bring hundreds of students into classrooms for many hours, increasing close contact and transmission of the disease.”

Teachers across the state have told us that in some cases, hundreds of students will be returning to individual schools starting Monday, some of them spending hours or even full days on campuses. But since HSTA’s midday news conference Thursday raising serious concerns about those plans, many principals have dropped more dangerous in-person school schedules, opting instead for brief grab-and-go pickups or drive-throughs, because of the rising COVID-19 counts. The state hit an all-time one-day number of new cases Thursday with 355 and two more deaths were reported.

“Let’s be clear. It is deceptive to say students will be 100-percent distancing learning for four weeks because next week students will be in classrooms with face-to-face learning. To have teachers be required to meet with students face-to-face in the middle of a raging pandemic is reckless, and will risk the lives of everyone,” Rosenlee added.

HSTA will also ask the Hawaii State Board of Education to take action at its Aug. 20 meeting to ensure 100-percent distance learning for all students on all islands until at least the end of the first quarter and assure that teachers have the option of teleworking.