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In email updates sent to members on November 30 and December 9, we explained that the State of Hawaii filed a motion with the arbitrator to dismiss our case for Temporary Hazard Pay. To counter the State’s motion, UPW filed a Motion of Summary Judgment, which called for the arbitrator to make a decision based solely on the undisputed facts of the case.
On December 21, the arbitrator granted the State’s motion to dismiss the grievance. In her written decision, the arbitrator interpreted section 30.07 of the BU 01 and 10 Collective Bargaining Agreements to require the Union to request temporary hazard pay differentials by submitting forms required by the employer.
With this ruling, the class grievance made against the State of Hawaii for its denial of the Union’s March 27, 2020 request for COVID-19-related Temporary Hazard Pay will not proceed to arbitration.
While this is not the outcome we sought to achieve, we want to be absolutely clear that our fight for Temporary Hazard Pay does not end here. It will continue and is only ramping up.
The arbitrator recognized that her ruling was based on procedure and did not address the merits of our claim for Temporary Hazard Pay. While we will move forward and continue the process, we will keep fighting until your voices are heard and your claims have been decided on its merits.
To our benefit, the arbitrator’s decision has provided us a clear path forward.
What Happens Next?
We take this path outlined by the arbitrator very seriously because – like many of you – we anticipated your employer will exhaust every technical and legal means to detract from the merits of our case. As our staff has prepared diligently for this particular outcome, we will comply with the arbitrator’s decision as expeditiously as possible.
From the beginning, we have argued that you are dedicated, essential workers and the hardships you have faced throughout this pandemic is the heart of this case. It has been our highest priority to bring these to light.
That your employer has focused on arguing procedure – especially at the last minute – suggests that they don’t want this to happen. Perhaps they realize the strength of our case and know they don’t have much else to stand on. This only strengthens our resolve to continue shifting the focus of this case to its merits.
Please note that this decision applies only to the State of Hawaii Executive Branch. We expect the hearings for the other jurisdictions to be scheduled soon. As we continue preparing for these hearings, we once again call on all BU 01 and 10 members in all jurisdictions to help us in our fight.
How You Can Help
As we proceed through this process, we sincerely hope your employer will do the right thing and carry their share of your sacrifices. However, we expect them to continue denying and deflecting responsibility as they have since the beginning. Therefore, we are encouraging members to continue sharing your stories through our COVID-19 Working Conditions Survey.
If you have not yet completed a survey, we encourage you to do so.
If you have already submitted a survey, but wish to share new or additional information, please feel free to submit another survey. We will combine it with your survey on file.
For members, you can fill out the survey here. Should you have questions on how to fill out the survey, please feel free to contact your business agent.
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