Arbitration Between United Public Workers, AFSCME, Local 646 v. County of Hawai'i-Holiday Pay

264 P.3d 655, 125 Haw. 476, 2011 Haw. App. LEXIS 1072
CourtHawaii Intermediate Court of Appeals
DecidedSeptember 29, 2011
Docket30116, 30421
StatusPublished
Cited by3 cases

This text of 264 P.3d 655 (Arbitration Between United Public Workers, AFSCME, Local 646 v. County of Hawai'i-Holiday Pay) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arbitration Between United Public Workers, AFSCME, Local 646 v. County of Hawai'i-Holiday Pay, 264 P.3d 655, 125 Haw. 476, 2011 Haw. App. LEXIS 1072 (hawapp 2011).

Opinions

Opinion of the court by

FOLEY, Presiding J.

This consolidated appeal arises out of an arbitration of an employer-employee labor dispute over holiday pay and benefits.

In appeal No. 30116, Employer County of Hawaii' (County or Employer) appeals from the Judgment (Judgment) filed on September 16, 2009 in the Circuit Court of the First Circuit1 (First Circuit Court). The First Circuit Court entered judgment in favor of Union United Public Workers, AFSCME, Local 646, AFL-CIO (UPW or Employee) and against County pursuant to the “Order Granting Union’s Motion to Confirm Arbitration Award Dated July 9, 2009 as Modified on July 29, 2009,” filed September 16, 2009.

On appeal, County contends the First Circuit Court erred when it

(1) found the First Circuit Court, rather than the Circuit Court of the Third Circuit [479]*479(Third Circuit Court), to be the proper venue to hear UPW’s July 17, 2009 “Motion to Confirm and to Modify and Correct Award by Arbitrator Michael Marr Dated July 9, 2009” (Motion to Confirm);

(2) confirmed the Final Arbitration Award (Arbitration Award) because the award violated public policy under Hawaii Revised Statutes (HRS) § 89-9(d)(7) (Supp. 2003); and

(3) confirmed the Arbitration Award because Arbitrator Michael Marr (the Arbitrator) exceeded his authority by ruling on the issue of collateral estoppel.

In appeal No. 30421, UPW appeals from the First Circuit Court’s March 22, 2010 post-judgment “Order Granting Employer County of Hawaii’s Motion to Stay Enforcement of Judgment Pending Appeal Filed on January 7, 2010” (Order Granting Motion to Stay).

UPW contends that

(1) in a case involving or growing out of a labor dispute, a court lacks jurisdiction to stay enforcement of an arbitral award;

(2) under HRS § 380-4(3) (1993), a court lacks jurisdiction to withhold monetary payments to persons involved in a labor dispute;

(3) before a court has jurisdiction to issue an injunctive order under HRS Chapter 380, the court must meet certain procedural requirements; and

(4) judicial relief is unavailable under HRS § 380-8 (1993) to a party who seeks to undermine the arbitration process.

I.

A. ARBITRATION PROCEEDINGS

UPW is the collective bargaining representative for collective bargaining Unit 1 employees (Unit 1 employees). The July 1, 2003 Collective Bargaining Agreement (CBA) for Unit 1 employees requires the parties to resolve contract disputes via a grievance process culminating in arbitration of unresolved disputes. On August 22, 2003, UPW filed a class grievance on behalf of Unit 1 employees, alleging that County failed to pay holiday pay and benefits to employees who were on leaves of absence without pay. County denied the grievance, UPW submitted the case to arbitration, and the parties mutually selected the Arbitrator.

On March 24, 2008, UPW filed a Motion for Summary Disposition. The Arbitrator heard the motion on July 18, 2008 and on August 12,2008 issued an “Order Granting in Part and Denying in Part [UPW’s] Motion for Summary Disposition Filed on March 24, 2008,” as corrected by order dated August 13, 2008. On January 30, 2009, the Arbitrator heard UPW’s two motions: one for discovery sanctions, attorney’s fees, and costs of discovery and one for a final arbitration award, back pay with interest, a cease and desist order, and attorney’s fees. On June 1, 2009, the Arbitrator held a hearing on the parties’ positions regarding holiday pay for certain classes of employees. On July 9, 2009, the Arbitrator issued the Arbitration Award in favor of UPW and against County.

B. FIRST CIRCUIT COURT AND APPELLATE PROCEEDINGS

UPW filed the Motion to Confirm the Arbitration Award on July 17, 2009. On September 16, 2009, pursuant to the “Order Granting Union’s Motion to Confirm Arbitration Award Dated July 9, 2009 as Modified on July 29, 2009,” the First Circuit Court filed the Judgment, entering judgment in favor of UPW and against County. County filed a notice of appeal from the Judgment on October 12, 2009. County’s appeal was docketed as No. 30116. On December 28, 2009, UPW filed a motion to dismiss the appeal for lack of appellate jurisdiction, which motion this court denied on March 15,2010.

On January 7, 2010, County filed a post-judgment “Motion to Stay Enforcement of Judgment Pending Appeal” (Motion to Stay). On March 22, 2010, the First Circuit Court entered the Order Granting Motion to Stay. UPW filed a notice of appeal on April 5, 2010 from the Order Granting Motion to Stay. UPW’s appeal was docketed as No. 30421.

This court filed an Order of Consolidation on December 23, 2010, consolidating appeal Nos. 30116 and 30421 under No. 30116 for disposition.

[480]*480II.

A. ARBITRATION AWARD

The appellate court reviews “the circuit court’s ruling on an arbitration award de novo ” and is also “mindful that the circuit court’s review of arbitral awards must be extremely narrow and exceedingly deferential.” Tatibouet v. Ellsworth, 99 Hawai'i 226, 233, 54 P.3d 397, 404 (2002) (internal quotation marks, citation, and brackets omitted).

The appellate court’s review of arbitration awards is guided by the following principles:

It is well settled that because of the legislative policy to encourage arbitration and thereby discourage litigation, judicial review of an arbitration award is confined to the strictest possible limits. As such, a court has no business weighing the merits of the arbitration award. Indeed, the legislature has mandated that a court may vacate an arbitration award only on the four grounds specified in HRS § 658-9,[2] and may modify or correct an award only on the three grounds specified in HRS § 658-10. Therefore, HRS § 658-8 contemplates a judicial confirmation of the award issued by the arbitrator, unless the award is vacated, modified, or corrected in accord with HRS §§ 658-9 and 658-10.
Based upon the policy limiting judicial review of arbitration awards, [the Hawaii Supreme Court] has held that parties who arbitrate a dispute assume all the hazards of the arbitration process including the risk that the arbitrators may make mistakes in the application of law and in their findings of fact. Where arbitration is made in good faith, parties are not permitted to prove that an arbitrator[ ] erred as to the law or the facts of the case.

Id. (internal quotation marks, citations, ellipses, and brackets in original omitted) (quoting Wayland Lum Constr., Inc. v. Kaneshige, 90 Hawai'i 417, 421, 978 P.2d 855

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264 P.3d 655, 125 Haw. 476, 2011 Haw. App. LEXIS 1072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arbitration-between-united-public-workers-afscme-local-646-v-county-of-hawapp-2011.