HGEA Prevails in Prohibitive Practice Complaint Against Maui Adult Mental Health Division

A pilot program that would have considerably changed the work responsibilities of our members at Maui Community Mental Health Center’s Adult Mental Health Division was put on pause by the Hawaii Labor Relations Board pending consultation.

The decision is a major victory for the rights of members in Units 3, 9 and 13 at the facility who, in addition to role changes, would have been forced to work alongside outside contractors.

“HGEA had to fight for us because we had no voice in the clinic operation, in our teamwork, in anything that we did for the community and for our families we serve,” said Mary Akimo-Luuwai, Human Services Professional V, a Unit 13 member.  “We were standing alone,” she said, drawing an analogy to how helpless Maui residents and the Native Hawaiian community felt during the Kahoolawe bombings.

HGEA filed a prohibitive practice complaint against the division over its plan to transition the Adult Mental Health Division into a pilot program called Certified Community Behavioral Health Clinic stemming from a $4 million federal grant.

For our members, the facility’s new emphasis would mean their responsibilities would change, especially when it comes to the population of patients they treat. HGEA alleged that DOH failed to consult with the union before forging ahead on their changes.

Beginning in June, the HGEA Maui Island Division requested consultation with the Maui Adult Mental Health Division pointing out that the changes being imposed by the new model could be possible violations of the respective collective bargaining agreements and state law, particularly Chapter 89.

Rather than consult, officials from the center made unannounced visits to the HGEA Maui office and later claimed those visits constituted consultation. Information in a Department of Health PowerPoint also gave false impressions about the union’s position. Officials even claimed working conditions hadn’t changed yet admitted that consultation over the conversion of the clinic to a new model would be necessary at some point.

“If working conditions haven’t changed or wouldn’t change, why was DOH mandating behavioral health training modules geared toward the new model for mental health nurses?” said Maui Island Division Chief Toni Rust. “Nurses were also being told that they will eventually be drawing blood, something that they previously hadn’t done and hadn’t been part of AMHD’s services.”

In the end, the labor board found that officials failed to meaningfully consult with the union and they did so willfully. The labor board ruled that the division must cease and desist from further implementation of its pilot program until all consultation with HGEA is completed.

Patricia Codorniz, RN BSN Maui Adult Mental Health Medical Clinical Supervisor, said she is pleased with the outcome, but continues to question whether DOH will follow through.

“It was important for HGEA to be involved and to fight for members because of the unfavorable working conditions, the changes happening, the possible violations to our contract and impact to community,” said Codorniz, a Unit 9 member. “However, I question that DOH would even comply.”

Akimo-Luuwai hopes the decision “will help to bring all stakeholders to the table to facilitate conversations so that we can continue to serve the people in our community correctly.”