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LOCAL 1944, AFL-CIO v. BEFITEL

No. 23880.

88 P.3d 647 (2004)

104 Hawai'i 275

In the Matter of INTERNATIONAL BROTHERHOOD OF PAINTERS AND ALLIED TRADES, DRYWALL TAPERS, FINISHERS & ALLIED WORKERS LOCAL UNION 1944, AFL-CIO; International Brotherhood of Painters and Allied Trades, Painters Union Local 1791, AFL-CIO; Joint Apprenticeship Committee for the Hawaii Taping Industry; and Joint Apprenticeship & Training Committee for the Painting Industry of Hawaii, Appellants-Appellees v. Nelson B. BEFITEL, Director, Department of Labor and Industrial Relations; State of Hawai'i, Department of Labor and Industrial Relations, Appellees-Appellants and United Brotherhood of Carpenters and Joiners of America, Local 745, AFL-CIO, Intervenor-Appellee.

Supreme Court of Hawai`i.

Reconsideration Denied June 1, 2004.

Attorney(s) appearing for the Case

Frances E.H. Lum, Deputy Attorney General, State of Hawai'i, Labor Division, on the briefs, for appellees-appellants.

Herbert R. Takahashi, Rebecca L. Covert, Honolulu, of Takahashi, Masui & Vasconcellos, on the briefs, for appellants-appellees.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY JJ.

Opinion of the Court by ACOBA, J.

We hold that a contested case hearing pursuant to Hawai'i Revised Statutes (HRS) § 91-14(a) (1993) was not required in the determination by Appellee-appellant Director (Director) of the Appellee-appellant Department of Labor and Industrial Relations (DLIR) (collectively Appellees) to register an apprenticeship program pursuant to HRS § 372-4 (1993). Ultimately, we conclude that none of Appellants-Appellees International...

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