The University of Hawai'i Professional Assembly said yesterday that it would immediately go to state or federal court if the university tries to force a 6.6 percent faculty salary cut in January.

UH President M.R.C. Greenwood said Monday that the university might order the pay cut because contract talks remain deadlocked.

The university had proposed a 5 percent faculty pay cut for two years but, since negotiations are not completed six months into the new fiscal year, said a larger cut is needed to make up the difference over the next 18 months.

J.N. Musto, the faculty union's executive director, said the university's announcement that it may unilaterally impose a pay cut is "disturbing but not surprising."

The faculty union, which represents about 3,000 professors, lecturers, researchers and other staff, said the six-year contract that ran through June contains an "evergreen clause" that keeps provisions intact until a new contract is signed.

"It appears the UH administration would like to legally challenge this evergreen clause, and UHPA is fully prepared to go to court to defend this," Musto said in a statement.

"For almost two years now, the faculty has offered many different solutions to help the UH address the state's budget shortfall while being careful not to compromise the quality of education. The UH administration ignored or rejected our ideas.

"Restricting funds for the UH — the only revenue-generating state institution — and reducing costs to meet arbitrarily set budget targets only hurts students, our state and our economy even further."

Gov. Linda Lingle, who has no authority to order furloughs or layoffs at the university because it is governed by an independent board, has imposed a budget cut and has left it to the university to achieve the savings.

Lingle would have to sign off on a new faculty contract, but the university has taken the lead on the negotiations for the state.

The faculty union and the United Public Workers are still in contract talks. A binding arbitration award for UPW's public-safety unit is expected on Monday, while UPW's main blue-collar unit — like the faculty union at the university — does not have the right to arbitration.

Two other public-sector unions — the Hawaii State Teachers Association and the Hawaii Government Employees Association — have agreed to new two-year contracts that include furloughs and pay cuts to help ease the state's budget deficit.

HGEA workers at the university, for example, agreed to 5 percent pay cuts.

Musto said the state is now grappling with the consequences of the other contract settlements, an apparent reference to the controversy over teacher furloughs at public schools. Many parents and educators have asked the governor and state lawmakers to find money to restore classroom instruction lost to teacher furloughs.

Musto said the faculty union has been the voice of caution.

"Attempting to cut UH faculty salaries to meet the budget shortfall will cut our nose to spite our face," he said. "It is short-sighted and self-destructive. We will have more to lose than to gain, and it will be virtually impossible to regain what we have lost in terms of our reputation as a Tier 1 research institution and our ability to attract high-caliber faculty."

Greenwood said Monday that the university offered a 5 percent pay cut over two years, with faculty salaries restored to current levels the final two years of a four-year contract.

The university's offer also contained a "reopener clause" for potential salary increases during the final two years if the economy improves.

The faculty union, according to Greenwood, agreed to the 5 percent pay cut and the restoration in pay after two years, but also wanted a 7.5 percent pay increase in each of the final two years of the contact.