Pubdate: Wed, 6 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
Referenced: Attorney General's opinion http://drugsense.org/url/qP167tyE
Bookmark: http://www.mapinc.org/topic/HSTA
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

TEACHERS' VOTE SEEN AS OK FOR DRUG TESTS

Ratification Meant Acceptance of Random Testing, the State Attorney 
General Says

Hawaii public school teachers gave up their right to raise privacy 
concerns about random drug tests last year when they ratified a 
contract requiring the screenings, the state argued yesterday. State 
Accuses HSTU Of Bargaining In Bad Faith

In a 33-page opinion, the state Attorney General's Office wrote that 
the contract's approval by a majority of some 13,000 isle teachers in 
May 2007 invalidates "any constitutional search and seizure or 
privacy concerns" over a random drug-testing program.

The report, released Friday by Deputy Attorney General Girard Law, 
came a month after the Hawaii State Teachers Association failed to 
implement a drug-testing program by a June 30 deadline. It was 
addressed to Board of Education Chairwoman Donna Ikeda, who asked for 
the opinion.

Ikeda could not be reached for comment.

HSTA President Roger Takabayashi said the union believes that 
suspicionless drug tests would be unconstitutional under the U.S. and 
state constitutions. The union has completed guidelines for 
reasonable-suspicion drug tests, and officials are working with the 
school board to develop legal random guidelines, he said.

But state chief negotiator Marie Laderta yesterday accused the union 
of placing the contract up for a vote while never intending to carry 
out the random tests.

The contract carried two annual raises of 4 percent.

She called it "a classic case of very, very bad-faith bargaining."

"Their credibility is at stake. I'm not sure I can believe them," 
Laderta said about negotiators in ongoing talks for a new teacher contract.

The union is seeking the dismissal of a state complaint before the 
Hawaii Labor Relations Board alleging that the union breached its 
contract. Takabayashi said he is hoping the labor board, which has 
set a preliminary hearing for Aug. 13, will rule on the 
constitutional implications of random drug tests.

Takabayashi, in a July 29 newsletter sent to teachers, said the union 
"significantly underestimated the time and resources required" to 
draft drug-testing procedures.

He also said several federal courts have concluded the government's 
interest in ensuring safe public schools "does not justify subjecting 
all teachers to suspicionless drug testing."

State Deputy Attorney General Jim Halvorson alleged the two-page 
letter misinforms teachers by leaving out a new union determination 
that says the contract would limit random drug tests to employees who 
carry a commercial driver's license.

Halvorson said the interpretation of the contract puzzled him because 
he doesn't believe any teacher would have such a license, which is 
held by people who operate heavy machinery or equipment. And he noted 
that a federal law has required those workers to be randomly tested 
for drugs since 1995.

Takabayashi said he was not aware of any effort to restrict random 
drug tests to such employees.

View the Attorney General's Office opinion: on teacher drug testing:

Video: State Accuses HSTU Of Bargaining In Bad Faith: 
http://www.kitv.com/video/17106515/index.html 
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MAP posted-by: Richard Lake