Supreme Court: Hawaii Teachers Can Strike

Katherine Poythress/Civil Beat

UPDATED 9/27/11 7:00 p.m.

The Supreme Court of Hawaii has ruled that the teachers union has the right to strike once its current complaint before the Labor Relations Board is resolved.

But the court rejected the union's plea to force the Labor Relations Board to make decisions on outstanding cases and on its request for relief from the pay cut that went into effect July 1.

The Hawaii State Teachers Association said at the beginning of its legal dispute with the state that it was prohibited from striking because it has multiple outstanding cases before the board. HSTA President Wil Okabe suggested to Civil Beat that there are as many as eight open cases on which the board still has to rule.

Until all of those cases are resolved, HSTA leaders said, the union's members could not enter into a strike against Gov. Neil Abercrombie for unilaterally implementing a "last, best and final" contract offer.

The court stated that only the current dispute has to be resolved before teachers can strike.

But the court said the Labor Relations Board has every right to take its time considering the motion for relief.