In re the Arbitration between United Public Workers, AFSCME, Local 646 & City & County of Honolulu Holiday Pay

315 P.3d 233, 131 Haw. 82, 2011 WL 2696394, 2011 Haw. App. LEXIS 769
Hawaii Intermediate Court of Appeals·Decided July 12, 2011·No. No. 29710·Published

Opinion

[84]*84Opinion of The Court By

FOLEY, J.

Employer-Appellant City and County of Honolulu (the City or Employer) appeals from the Judgment filed on February 27, 2009 in the Circuit Court of the First Circuit1 (circuit court). The circuit court entered judgment in favor of Union-Appellee United Public Workers, AFSCME, Local 646, AFL-CIO, (Union) and against the City pursuant to the following orders:

(1) “Order Denying Employer’s Motion to Vacate Arbitrator Walter Ikeda’s April 16, 2008 Decision and Order on Motion for Summary Disposition [ (Pre-Award Decision) ] Filed May 12, 2008,” entered on July 2, 2008 (Order Denying City’s Motion to Vacate Pre-Award Decision);

(2) “Order Granting Union’s Motion to Confirm Pre-Award Ruling, Entry of Judgment, and Order Allowing Reasonable Costs and Attorney’s Fees Filed April 21, 2008,” entered on February 27, 2009 (Order Granting Union’s Motion to Confirm Pre-Award Decision);

(3) “Order Denying Employer’s Motion to Vacate Arbitrator Walter Ikeda’s January 14, 2009 Decision and Award, Holiday Back Pay, Interest, Attorney’s Fees [ (Final Award or Final Arbitration Award) ] Filed on January 28, 2009,” entered on March 3, 20092 (Order Denying City’s Motion to Vacate Final Award); and

(4) “Order Granting Union’s Motion to Confirm Final Arbitration Award, Entry of Judgment, and Order Allowing Costs and Attorney’s Fees Filed January 20, 2009,” entered on February 27, 2009 (Order Granting Union’s Motion to Confirm Final Award).

On appeal, the City contends:

(1) The circuit court erred when it found in favor of Union pursuant to (a) the Order Denying City’s Motion to Vacate Pre-Award Decision, wherein the court stated that Arbitrator Walter Ikeda (the Arbitrator) “did not exceed his powers or authority by rendering the April 16, 2008 [Pre-Award Decision]”; (b) the Order Granting Union’s Motion to Confirm Final Award, in which the court found that the Arbitrator “acted within the scope of his authority by sustaining the class grievances for violations' of Sections 1, 14, and 35 of the collective bargaining agreements” (CBAs)3; and (c) the Order Denying City’s Motion to Vacate Final Award, wherein the court found that the Arbitrator “did not exceed his powers or authority by rendering the January 14, 2009 [Final Award].”

The City contends that because Union’s Step 1 and Step 2 grievances mentioned the issue of holiday pay for Unit 1 and Unit 10 members on unpaid leave during a holiday but did not specifically mention the issue of holiday pay for members on workers’ compensation leave, the Arbitrator exceeded his authority when, after addressing the issue of holiday pay for members on unpaid leave, he addressed the issue of holiday pay for members who were on workers’ compensation leave.

(2) In the Order Granting Union's Motion to Confirm Pre-Award Decision, the circuit court erred when it confirmed the order of the Arbitrator in the Pre-Award Decision that the 2003 Parnell4 and 2007 Ikeda5 arbitration decisions collaterally estopped the City from contesting the right of Unit 1 and Unit 10 members to holiday pay while on unpaid leave or workers’ compensation leave.

(3) The circuit court erred when it (a) confirmed in its Order Granting Union’s Mo[85]*85tion to Confirm Final Award, pursuant to Hawaii Revised Statutes (HRS) § 658A-25(b) and (e) (Supp. 2010), the Arbitrator’s award of reasonable attorney’s fees and costs to Union for preparation of a reply brief and (b) found in its Order Denying City’s Motion to Vacate Final Award that the Arbitrator did not disregard CBA Section 15.21 and the award of attorney’s fees was authorized under HRS §§ 658A-17(d) (Supp.2010) and 658A-21(b) (Supp.2010) as a discovery sanction.

(4) The circuit court erred when it found in (a) the Order Denying City’s Motion to Vacate Pre-Award Decision that “the April 16, 2008 [Pre-Award Decision] is not contrary to public policy” and (b) the Order Denying City’s Motion to Vacate Final Award that enforcement of the Final Award was not contrary to public policy. City claims that the Pre-Award Decision and the Final Award violated public policy because the Arbitrator’s decision materially altered the collective bargaining grievance process.

(5) In its Order Granting Union’s Motion to Confirm Final Award, the circuit court erred when it found in the Final Award that the “final decision and award incorporate the findings, conclusion, and order of the [Pre-Award Decision].”

I.

On August 22, 2003, Union filed two class action Step 1 grievances against City on behalf of public collective bargaining Units 1 and 10.6 Union alleged violations of Sections 1,' 14, 15, 23A, 35, and 64 of the Unit 1 and Unit 10 CBAs. At issue was the denial of holiday pay by the City to Unit 1 and Unit 10 employees. The holiday pay issue was not resolved at Step 1 or Step 2 of the CBA grievance procedure, and the issue proceeded to binding arbitration pursuant to the CBAs. By agreement of the parties, the two cases were consolidated into a single proceeding before the Arbitrator.

On January 31, 2008, Union submitted a Motion for Summary Disposition to the Arbitrator, seeking a ruling whether two prior arbitration decisions on holiday pay and eligibility, the 2003 Parnell decision and the 2007 Ikeda decision, were final and binding on the City under HRS § 89-10.8 (Supp.2010) and Section 15.20b of the CBAs. Union had contended in its grievances that the 2003 Parnell decision was final and binding on the City under the multi-employer bargaining process.7

On April 16, 2008, the Arbitrator issued the Pre-Award Decision in favor of Union, finding that even though the City was not a party to the 2003 Parnell and 2007 Ikeda cases, it was in privity with the State of Hawaii (State) (which had litigated the holiday pay issues in the Parnell and Ikeda cases) and therefore, was estopped from contesting the general right of Unit 1 and Unit 10 members to holiday pay while on unpaid leave of absence pursuant to the 2003 Parnell Decision or while on workers’ compensation leave pursuant to the 2007 Ikeda Decision.

On April 21, 2008, Union filed a motion with the circuit court to confirm the Arbitrator’s Pre-Award Decision. On May 12, 2008, the City filed a motion to vacate the Pre-Award Decision. On July 2, 2008, the circuit court entered the Order Denying City’s Motion to Vacate Pre-Award Decision.

On January 14, 2009, the Arbitrator issued the Final Award in favor of Union, resolving issues regarding holiday back pay, interest, and attorney’s fees. On January 20, 2009, Union filed a Motion to Confirm Final Arbitration Award, Entry of Judgment, and Order Allowing Costs and Attorney’s Fees. The City filed a motion to vacate the Final Award on January 28, 2009. On February 27, 2009, the circuit court entered the Order Granting Union’s Motion to Confirm Pre-Award Decision, Order Granting Union’s Motion to Confirm Final Award, and Judgment in favor of Union and against the City. The circuit court [86]*86entered the Order Denying City’s Motion to Vacate Final Award on March 3, 2009.

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In re the Arbitration between United Public Workers, AFSCME, Local 646 & City & County of Honolulu Holiday Pay, 315 P.3d 233, 131 Haw. 82, 2011 WL 2696394, 2011 Haw. App. LEXIS 769 (hawapp 2011).

315 P.3d 233 (In re the Arbitration between United Public Workers, AFSCME, Local 646 & City & County of Honolulu Holiday Pay) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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