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HOOPAI v. CIVIL SERVICE COM'N

Nos. 23883, 23912.

103 P.3d 365 (2004)

106 Hawai`i 205

Jacob E. HOOPAI, Appellant-Appellee v. CIVIL SERVICE COMMISSION, City and County of Honolulu; Department of Civil Service, City and County of Honolulu; and Emergency Services Department, City and County of Honolulu, Appellees-appellants and United Public Workers, AFSCME, Local 464, AFL-CIO, Party-in-Interest-Appellant. In the Matter of the Arbitration Between United Public Workers, AFSCME, Local 646, AFL-CIO, Union and City and County of Honolulu, Department of Health, Emergency Medical Services (Grievance of Derrick Young; MR96-29), Employer.

Supreme Court of Hawai'i.

December 21, 2004.

Attorney(s) appearing for the Case

Lori Ann K.K. Sunakoda, Deputy Corporation Counsel, City and County of Honolulu, on the briefs, for appellees-appellants.

Herbert R. Takahashi and Rebecca Covert, Honolulu, (Takahashi, Masui & Vasconcellos), on the briefs, for party-in-interest-appellant.

Colleen Hanabusa, on the briefs, for appellant-appellee.

LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.; with MOON, C.J., concurring separately.

Opinion of the Court by ACOBA, J.

We hold in this consolidated appeal in Civil No. 99-0-3248 and Special Proceeding No. 00-1-0090 (S.P. No. 00-1-90), (1) that the general prohibition in Hawai'i Revised Statutes (HRS) § 89-9(d) (1993) against a public employer and the exclusive representative of a collective bargaining unit agreeing to a "proposal ... inconsistent with merit principles" is subject to that statute's provisions allowing for, inter alia, negotiation...

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