Attempts to block the governor's furloughs of state workers heads to court Thursday.
A circuit court judge will hear three unions motions to block furloughs or terminations. But what happens next will set precedent on the governor's scope of authority over the state workforce.
Judge Karl Sakamoto will review whether to grant temporary restraining orders stopping the governor from furloughing or firing outside of collective bargaining.
"In achieving sacrifice we are not going to let people stay above the law and trample on the constitution," said Randy Perreira, HGEA Executive Director.
It escalates an already tense showdown.
"The war now is the one that's being fought in the court tomorrow," said Michael Nauyokas, Employment and Labor attorney.
The HGEA, UPW and HSTA say Lingle doesn't have the authority to act unilaterally. The state says she does, contracts expired Tuesday.
The state attorney general told the court "The unions fail to meet any of the prongs for injuctive relief. Their motion should be denied."
"What's relevant here is is there irreparable harm? Is there likelihood that the state's going to prevail?," questioned Nauyokas.
The attorney general says "The unions completely fail to show any irreparable harm"
he adds "the public interest lies with avoiding layoffs," which the governor has threatened if she doesn't get furloughs.
Likely to be among key arguments in court.Is the economy really as bad as the governor projects? Unions are seeking a second economic opinion said to show the loss of revenue won't be as steep.
The governor is basing her cuts on a 9 percent slump in tax revenue. Some others think it could be worse.
"Minus 11, a 2 percent increase from the last council's projection, which is equivalent to about another 95 million," says House Speaker, calvin Say.
Also likely to come up in court, differing opinions from the state's own attorney generals office, some that state furloughs or firings can't come without bargaining, one that says they can.
The likely outcome goes far beyond just a possible TRO, it's likely to force the parties back to the bargaining table including the role of the four counties. It's setting up to be a legal landmark and it could be the start of a long court battle.
As for what happens next, the judge could either rule Thursday, take it under advisement and rule later or move to an evidentiary hearing before a decision.
If granted the TRO would likely be valid for 10 days until the next legal steps kick in.
