Teachers at Hilo public charter school put on administrative leave after raising concerns about contract breaches

At least four teachers at Connections Public Charter School say they entered the summer break on administrative leave, without any response from the administration, after raising concerns about contract breaches and filing grievances with the teachers’ union.

Last week, representatives from the Hawaiʻi State Teachers Association, the statewide teachers’ union, traveled to Hawaiʻi Island from Oʻahu on multiple days to address what they say are repeated violations of the collective bargaining agreement by the administration at Connections.

In a formal email on behalf of the union and some educators at Connections Public Charter School, concerned teachers wrote to the administration about labor violations and contract breaches, which include:

• Changes to the bell schedule (when students arrive and leave each day, when classes begin and end);
• Failure to provide teaching lines (subjects and grade levels for the next year) by Feb. 5;
• Denying the union the right to conduct business with teachers on campus;
• Refusal to follow grievance procedures outlined in the contract, ignoring scheduled meetings and emails;
• Refusal to sign a memorandum of understanding related to teaching evaluations;
• Moving teachers to positions outside their licensure and expertise without proper notification or justification.

They said despite efforts to resolve these issues, the administration has disregarded contractual obligations and professional respect, prompting HSTA and its members to pursue more assertive measures, according to the union.

“We have heard a number of grievances issued by teachers at the school that have been forced to go to higher and higher levels because the administration has not attended informal meetings or answered emails,” said Andrea Eshelman, deputy executive director of the teachers’ union. “When the administration breaks the contract, the next option is filing a grievance, and if a grievance is not addressed, arbitration will hear both sides, which can be a costly process for the union and the school.”

Connections Public Charter School is located in the historic Kress building in downtown Hilo, with more than 350 students enrolled from kindergarten to 12th grade.

Connections meets the varying needs of students by addressing different kinds of intelligences and following widely accepted research that curricula should be presented in many different forms to reach children who learn in many different ways.

The school is open to all students, with most remaining at Connections throughout the duration of their education.

Before classes began on the morning of May 29, the second-to-last day of school, some teachers began distributing flyers outlining their concerns and demands while off campus on public property.

Those teachers were immediately, without reason or proper notification, placed on administrative leave despite having only a day and a half left of the school year, according to Tiffany Dela Cruz, director of the Hawaiʻi State Teachers Association’s Hilo Chapter.

But Connections principal Damon Murphy cited Article XXVIII in the HSTA contract and stated that the teachers and HSTA staff violated their own agreement by authorizing, instigating or engaging in a strike, sit down, slowdown or picket against the employer.

Murphy said the contract states: “The Association agrees that during the term of this Agreement, neither the Association nor its members will authorize, instigate or engage in a strike, sit down, slowdown or picket against the Employer during the life of this Agreement, except as provided for in Article XXVIII-Duration.”

The duration of the agreement is defined as July 1, 2023 to June 30, 2027.

On May 30, Connections administration sent a notification to staff, students and families claiming that the teachers had violated the strike clause in their contract and had disrupted the learning environment.

According to Dela Cruz, the teachers involved had intended to go to work and carry on with their official duties during work hours.

“These teachers involved are licensed, experienced and dedicated teachers who have great relationships with their students and colleagues,” Eshelman said. “These teachers specifically did not encourage students to participate in these events, but have spent years encouraging students and teaching them that their voices are important.”

Teachers became motivated to distribute flyers after a beloved teacher, Derek McElwee, was told that his contract would not be renewed for the next school year because he “was not the right fit.”

McElwee said he received no other explanation for this decision. However, he believes it was in retaliation for a vote over the bell schedule for the next year.

“Of the three teachers who were vocal about keeping the same bell schedule next year, my contract was not renewed, another teacher was put on administrative leave, and the other was given a choice to teach in a position they aren’t comfortable with or to leave,” McElwee said on the social media platform, Tiktok. “I was then put on administrative leave for the rest of the school year even though I was not handing out flyers at the time. It just feels arbitrary and retaliatory.”

Many teachers have not shown outward support to others due to fear of losing their jobs, McElwee said on Tiktok.

“What those who don’t work with Derek at this school might not know is how incredibly popular ‘Mr. Mac’ is with our students,” said a teacher who asked to remain anonymous out of fear of retaliation from the administration. “He treats them well and makes learning more fun for them. This is really sad for the students, and they are the ones who ultimately get punished when teachers are not treated fairly or with basic respect.”

The Connections teacher also stated that students started a petition to keep him in school next year.

Due to the administration disregarding or delaying negotiations, arbitration is the only other option for addressing grievances, which is not the best use of limited school funds and could cause a mid-year teacher change, disruption to student routines, and lost resources for classrooms, which was printed on the flyer distributed by Connections teachers and HSTA representatives.

In the formal email to the administration, Connection educators listed three demands that would address the most severe issues. They include:

• Preservation of professional assignments:
  • Teachers must be placed in instructional roles aligned with their licensure and relative professional teaching experience such as subject matter and grade level.
  • Misaligned roles contradict professional best practices and the collective bargaining agreement.
• Full adherence to the Collective Bargaining Agreement:
  • Immediate attention and resolution to grievances, consistent administrative transparency, guaranteed protections for whistleblowers, and no form of retaliation.
• Restoration of respect
  • Teachers must be treated as skilled professionals and key community stakeholders.
  • Administration must actively listen to, consider and act upon teacher input in all major school decisions.

“These demands are not only reasonable, but essential to ensuring a healthy, lawful and professional learning environment for both staff and students,” educators wrote in the letter. “It is our teachers who are experienced and deeply committed to inspire students and help build a future that strengthens the island community.”

The letter continued: “The students of Connections deserve nothing less than educators who are supported, respected and empowered to make a difference.”

While the administration has not responded to the formal email, Murphy said, “The school is working with the Attorney General’s office on a complaint we are filing with the Hawaiʻi Labor Relations Board. At this time, that is all I can say.”

For now, the teachersʻ union is gathering testimony for pending arbitration and stated that they can help teachers connect to other resources with potential job opportunities when possible.

For updates on the ongoing issues, visit the HSTA Hilo Chapter ʻOhana Facebook page, or email administration at Connections Public Charter School at cpcs@connectionspcs.org.