Pubdate: Fri, 1 Aug 2008
Source: Honolulu Star-Bulletin (HI)
Copyright: 2008 Honolulu Star-Bulletin
Contact: http://starbulletin.com/forms/letterform.html
Website: http://www.starbulletin.com/
Details: http://www.mapinc.org/media/196
Author: Alexandre Da Silva
Cited: Teachers Join Us: Protect Your Privacy 
http://www.aclu.org/drugpolicy/testing/31358res20070917.html
Bookmark: http://www.mapinc.org/topic/HSTA
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

HSTA FIRES BACK OVER DRUG TESTING

The Teachers Union Claims That It Is Trying to Formulate Legal Means 
of Drug Testing

Hawaii's public school teachers union is seeking the dismissal of a 
state complaint alleging that it breached a contract by failing to 
start a drug testing program on June 30.

The Hawaii State Teachers Association claims that Gov. Linda Lingle 
and her chief negotiator, Marie Laderta, lacked standing when they 
asked the Hawaii Labor Relations Board to order the union to set up 
random and reasonable-suspicion drug and alcohol tests of teachers as 
was required under a contract ratified in May 2007.

In a seven-page response to the complaint, the union said Wednesday 
the state agreed that the testing "would be handled exclusively" by 
the union and the Board of Education. It also charged that 
"suspicionless" random drug testing "is unconstitutional under the 
federal and state constitutions."

HSTA President Roger Takabayashi said yesterday the union has 
completed guidelines for reasonable-suspicion drug tests but that it 
has been working with the school board to develop legal random 
drug-testing procedures.

The American Civil Liberties Union has threatened to sue the state if 
the random drug tests are carried out.

"We want to get it done. We just want to get it done right," 
Takabayashi said. "It's as simple as that."

The union has been considering limiting random drug tests to certain 
teachers, such as those who have been convicted of drunken driving or 
have a history of being late to, or absent from, class.

Laderta, who had not yet seen the union's response, said state 
attorneys have determined that randomly testing teachers for drugs 
would not violate their privacy rights. Laderta also said she 
believes Lingle and her administration have standing to complain to 
the labor board because they are an employer as well.

"We are one jurisdiction -- us, the Board of Education and the DOE 
(Department of Education)," she said. "We are the employers, all three of us."

The labor board will hold a hearing to decide whether the union is at 
fault, a board official has said. No date has been set.

The state added the drug program as a non-negotiable item to agree to 
a two-year, $120 million teacher contract approved last year by 61.3 
percent of more than 8,000 union members. The contract awarded about 
13,000 isle teachers two annual raises of 4 percent.

On top of questions over the legality of the planned testing, 
education officials and Lingle have also clashed over who should pay 
for the drug program.

In January the Board of Education voted to reject setting aside 
$400,000 to pay for annual tests of as many as 3,250 teachers, or one 
in four employees, saying they did not want to divert money from the classroom.

Lingle has argued that the Education Department has enough funds in 
its $2 billion-plus budget for the tests. 
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MAP posted-by: Richard Lake