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U. OF H. PROF. ASSEMB., DAEUFER v. U. OF HAW.

No. 8085.

659 P.2d 720 (1983)

In the Matter of the Arbitration Between UNIVERSITY OF HAWAII PROFESSIONAL ASSEMBLY, on Behalf of Alice DAEUFER, Plaintiff-Appellant, v. UNIVERSITY OF HAWAII, Defendant-Appellee.

Supreme Court of Hawaii.

February 18, 1983.

Attorney(s) appearing for the Case

Thomas P. Gill, Honolulu (Sara L. Smith with him on briefs, Gill, Park, Park & Kim of counsel, Shirley Smith, Honolulu, co-counsel), for plaintiff-appellant.

Cynthia Winegar and Edward Yuen, Deputy Attys. Gen., Honolulu (Duff Zwald, Honolulu, on brief), for defendant-appellee.

Before LUM, J., Retired Justice MARUMOTO, in place of NAKAMURA, J., recused, and OGATA and MENOR, Retired Justices, assigned by reason of vacancies.

PER CURIAM.

This is the second case we decide today involving arbitration disputes at the University of Hawaii. For the reasons expressed below, we hold that although it is within an arbitrator's power to grant tenure and back pay to a grievant, a rehearing by the arbitrator is needed in this case to determine whether the appointing University officials' decision was arbitrary or capricious.

I.

Alice Daeufer...

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