Lingle v. Hawai'i Government Employees Ass'n, AFSCME, Local 152

111 P.3d 587, 107 Haw. 178
CourtHawaii Supreme Court
DecidedMarch 31, 2005
Docket24237
StatusPublished
Cited by120 cases

This text of 111 P.3d 587 (Lingle v. Hawai'i Government Employees Ass'n, AFSCME, Local 152) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lingle v. Hawai'i Government Employees Ass'n, AFSCME, Local 152, 111 P.3d 587, 107 Haw. 178 (haw 2005).

Opinions

Opinion of the Court by

MOON, C.J.

Intervenor-appellee-appellant United Public Workers, AFSCME Local 646, AFL-CIO [hereinafter, UPW] appeals from the first circuit court’s 2 April 25, 2001 final judgment (1) remanding this case to appellee Hawaii Labor Relations Board (HLRB) for further proceedings regarding its order denying petitioner-appellant-appellee the State of Hawaii Department of Transportation’s (DOT) petition for a declaratory ruling and (2) denying UPW’s motion to dismiss intervenor-appel-lant-appellee Hawaii Government Employees Association, AFSCME, Local 152, AFL-CIO’s [hereinafter, HGEA] July 7, 2000 notice of appeal to the circuit court. On appeal to this court, UPW challenges the circuit court’s: (1) determination that it had jurisdiction to review the HLRB’s refusal to issue a declaratory ruling pursuant to Hawaii Revised Statutes (HRS) § 91-14 (1993); (2) allowance of a collateral attack on a court-confirmed arbitration award; and (3) conclusion that the underlying dispute in this case was not moot.

Based on the following, we affirm the April 25, 2001 final judgment.

I. BACKGROUND

A. Factual Background

The dispute in the instant case originated from the DOT’S temporary work assignment [181]*181involving the landscaping crew of the highway maintenance operations in Kane'ohe and implicates the collective bargaining agreements (CBA) of UPW and HGEA.3 Specifically, on June 17, 1996, the DOT temporarily awarded a vacant Bargaining Unit 2 (BU-02) position in the “Windward Crew” to a BU-02 employee from another baseyard. As a result, UPW — the collective bargaining agent for Bargaining Unit 1 (BU-01) employees— filed a grievance against the DOT on behalf of William Kapuwai, a BU-01 truck driver for the DOT and the most senior employee in the Windward Crew. UPW alleged that its CBA [hereinafter, CBA1] required the DOT to award the temporary assignment to Kapu-wai.4 After exhausting all the remedies required by CBA1, UPW submitted notice of its intent to arbitrate the grievance to the DOT.

B. Procedural Background

1. Arbitration Proceedings and Circuit Court Confirmation

On October 8, 1997, arbitration proceedings between UPW and the DOT commenced. HGEA was not a party to the arbitration. UPW contended that the DOT violated CBA1 by awarding the temporarily vacant BU-02 position in the Windward Creiv to a BU-02 employee from another baseyard. The DOT responded that the right to award temporary assignments was a “management right” under HRS § 89 — 9(d) (1993)5 and, therefore, preempted any contradictory provision in CBA1. In other words, the DOT asserted that, even if its award of a BU-02 temporary assignment to a BU-02 employee from another baseyard violated CBA1, it was entitled to do so as of right under HRS § 89-9(d).

On May 11, 1998, the arbitrator issued a final written decision and award in favor of UPW, in which he ruled that the right to issue temporary assignments was not a management right and, therefore, the DOT violated CBA1. On May 15, 1998, UPW moved the circuit court to confirm the arbitration award, which the circuit court, the Honorable Kevin S.C. Chang presiding, granted on July 21,1998.

2. Proceedings Before the HLRB

While the arbitration proceedings were still in progress, the DOT, on October 20, 1997, submitted a petition to the HLRB for a declaratory ruling [hereinafter, petition] pursuant to HRS § 91-8 (1993)6 and Hawai'i Administrative Rules (HAR) Rule 12-42-9 (1981)7 as to whether a ruling by the arbitrator that the DOT must award a BU-01 employee a temporarily vacant BU-02 position would violate the DOT’S management rights under HRS § 89-9(d). The DOT alleged that the arbitrator only had jurisdiction to interpret CBA1 and, therefore, a decision by the arbitrator requiring the DOT to award temporary BU-02 assignments to BU-01 employees would require the DOT to knowingly violate the CBA2 provision mandating that [182]*182BU-02 temporary assignments be awarded to BU-02 employees.

On November 7, 1997, HGEA filed a petition to intervene in the declaratory proceedings, alleging, inter alia, that UPW’s attempt to require the DOT to assign BU-02 positions to BU-01 employees infringed upon HGEA’s rights as the exclusive bargaining representative of BU-02 employees to “bargain over the promotion and transfer of employees to positions within BU-02” under HRS § 89-8(a) (1993).8 On November 10, 1997, UPW also filed a petition to intervene on the ground that the proceedings implicated the temporary assignment rights of BU-01 employees under CBA1. Soon thereafter, all counties in the State filed petitions to intervene on the ground that their rights to award temporary assignments could be affected by the HLRB’s declaratory ruling. The HLRB granted all of the intervenors’ motions on December 31,1997.

On January 21, 1998, UPW filed a memorandum urging the HLRB to refrain from issuing a declaratory ruling, alleging, inter alia, that (1) the HLRB lacked jurisdiction because the dispute was properly submitted to “final and binding” arbitration; (2) the DOT lacked standing to seek relief because its practices and policies were consistent with the proper exercise of “management rights” under HRS § 89 — 9(d); (3) the proceedings for declaratory relief constituted an impermissible collateral attack on the confirmed arbitration award; and (4) the DOT was collaterally estopped from relitigating the same issues presented in the arbitration proceedings.

On June 7, 2000, the HLRB entered an order denying the petition for a declaratory ruling [hereinafter, HLRB’s order] pursuant to HAR Rule 12 — 42—9(f), in which the HLRB found that “the issues herein are moot as the Arbitration Award has been rendered and confirmed and there is no actual controversy between the parties at this stage.” In essence, the HLRB refused to issue a declaratory ruling on the merits.

3. Appeal of the HLRB Decision to the Circuit Court

On July 7, 2000, HGEA filed a notice of appeal to the circuit court, the Honorable Sabrina S. McKenna presiding, from the HLRB’s order. On appeal, HGEA contended, inter alia, that the HLRB’s deferral to the arbitration award was improper inasmuch as: (1) the issue of whether temporary assignments was a management right under HRS § 89 — 9(d) was not moot; and (2) HGEA’s rights under HRS §§ 89-8

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Cite This Page — Counsel Stack

Bluebook (online)
111 P.3d 587, 107 Haw. 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lingle-v-hawaii-government-employees-assn-afscme-local-152-haw-2005.