Hawai'i Legal News

HSTA v. Abercrombie (HSC January 17, 2012) Background. During her last term, Governor Lingle issued a unilateral executive order that furloughed all state employees, restricted spending by the Department of Education, and the University of Hawai'i. The Hawai'i State Teachers Association and the United Public Workers union filed a complaint alleging that the executive order violated the right of public employees to organize under Hawai'i Constitution Art. XIII, Sec. 2, the right to accrued retirement benefits under Haw. Const. Art. XVI, sec. 2, and a violation of the separation of powers. The unions moved for a temporary restraining order, which the circuit court granted in part. Lingle filed a motion to dismiss on the grounds that the Hawai'i Labor Relations Board (HLRB) had exclusive jurisdiction over these matters pursuant to HRS chapter 89. The circuit court rejected the argument, and concluded that the management rights pursuant to HRS § 89-9(d) did not allow L...

Lee v. United Public Workers (ICA June 29, 2011) Background. Amy Lee was an adult corrections officer for the Department of Public Safety and a member of the United Public Workers union. While working, she hurt her back and shoulder. The injuries left her unable to perform the usual and customary duties of an ACO. She returned to light duties and opted to participate in a State-run program in which she would be terminated if she could not find an alternative job. She was unable to find a suitable job and was terminated by the State. The UPW, at Lee's request, filed a grievance with the director of the Department of Public Safety. The collective bargaining agreement (CBA) provided that only the union could pursue the grievance once it was denied by the director of the department. The Department of Public Safety denied the grievance and the UPW notified Lee that it would not pursue the matter any further. Lee filed a complaint in the circuit court against her uni...

Background. UPW brought two class-action grievances against the employer, the City and County of Honolulu, based on violations of the collective bargaining agreement. The grievances were denied by the City's human resources department. The parties agreed to arbitrate pursuant to the CBA and the circuit court consolidated the grievances and appointed Keith Hunter to arbitrate. The City contested whether these grievances could be arbitrated at all. The arbitrator held a hearing on the issue and concluded that the grievances were subject to arbitration--in other words, that he had jurisdiction. The UPW filed in the circuit court a motion to confirm the decision and "award" by the arbitrator. The motion was granted and the City appealed. The Arbitration Statute Confers Appellate Jurisdiction to "Awards." Appeals in arbitrations may be taken from "[a]n order confirming or denying confirmation of an award[.]" HRS § 658A-28(a)(3). Accor...

HGEA v. Lingle (HSC September 8, 2010) Background. Governor Lingle issued Executive Order 09-02, which ordered certain State employees to be furloughed for 72 days over a two-year period; their pay would be automatically adjusted. Their union, the Hawai'i Government Employees Association, filed a complaint in the circuit court seeking declaratory relief. HGEA argued that the governor could not unilaterally impose furloughs because it impinges on their right to collective bargaining, which is protected by the Hawai'i Constitution. Haw. Const. Art. XIII, sec. 2 as well as their rights under HRS chapter 89. HGEA also filed a motion for a preliminary injunction. The circuit court granted the motion in part and concluded that the Order did infringe upon the worker's right to collective bargaining. The circuit court also concluded that the Order unilaterally--and therefore, unlawfully--alters the workers' wages. The circuit court rejected Lingle's argum...

Kamaka v. Goodsill, Anderson, Quinn & Stifel (HSC Jan. 24, 2008) Background. Kamaka was an attorney at Goodsill, a law firm in HNL, focusing on employment law. The firm suspected Kamaka's honesty when it discovered that she had not completed the work she claimed to have finished. Soon afterwards, another attorney at the firm believed that she had regularly made entries on billing time sheets for incomplete work, and recommended termination. Kamaka's annual report was not favorable so the firm put her on probation pending further investigation. The firm also informed Kamaka that if investigation showed that "continued deficiencies" between the billing and actual work done, she would be fired. Kamaka was eventually terminated, and the firm referred her to the Office of Disciplinary Counsel. The ODC dismissed the claim based on insufficient evidence. Kamaka sued Goodsill alleging several counts. Kamaka lost every claim one except for a jury awarding her for...

In re: Casupang (HSC November 13, 2007) Background. The HGEA, the exclusive union for government workers in Hawai'i, posted on a bulletin board in the fourth-floor office of the Department of Transportation an announcement that was anti-Lingle and urging its members to vote Democrat, esp. for Mayor Mufi Hannemann. A worker saw the announcement and was concerned. The DOT told HGEA to take down the announcement on the grounds that it was prohibited by the State Ethics Commission's "campaign restriction flier." The HGEA brought a prohibited labor practice complaint before the Hawai'i Labor Relations Board and lost. It appealed. The HGEA argued that, among other things, the gov't violated the First Amendment rights of the workers it represents when the State ordered it to take down its political materials. Undeniable State Action. The HGEA must first show that the act at issue was state action. The ban was imposed by Gov. Lingle as an employer and executed by o...