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In the Matter of Hawaii State Teachers Association

February 14, 2013

IN THE MATTER OF HAWAII STATE TEACHERS ASSOCIATION, COMPLAINANT-APPELLANT/APPELLANT AND NEIL ABERCROMBIE, GOVERNOR, STATE OF HAWAII; KALBERT YOUNG, DIRECTOR, DEPARTMENT OF BUDGET AND FINANCE, STATE OF HAWAII; NEIL DIETZ, CHIEF NEGOTIATOR, OFFICE OF COLLECTIVE BARGAINING, STATE OF HAWAII; KATHRYN MATAYOSHI, SUPERINTENDENT, DEPARTMENT OF EDUCATION, STATE OF HAWAII; DONALD G. HORNER, CHAIRPERSON, BOARD OF EDUCATION, STATE OF HAWAII; AND JAMES D. WILLIAMS, MEMBER, BOARD OF EDUCATION, STATE OF HAWAII (2011-027), RESPONDENTS-APPELLEES/APPELLEES AND UNIVERSITY OF HAWAII PROFESSIONAL ASSEMBLY, INTERVENOR-APPELLEE/APPELLEE, AND HAWAII LABOR RELATIONS BOARD; JAMES B. NICHOLSON; SESNITA A.D. MOEPONO; AND ROCK B. LEY, AGENCY-APPELLEES/APPELLEES


APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 11-1-2271)

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

SUMMARY DISPOSITION ORDER

(By: Foley, Presiding J., Fujise and Reifurth, JJ.)

This is a consolidated secondary appeal arising from a labor dispute between Complainant-Appellant/Appellant Hawai#i State Teachers Association (HSTA), Respondents- Appellees/Appellees Neil Abercrombie, Governor, State of Hawai#i; Kalbert Young, Director, Department of Budget and Finance, State of Hawai#i; Neil Dietz, Chief Negotiator, Office of Collective Bargaining, State of Hawai#i; Kathryn Matayoshi, Superintendent, Department of Education, State of Hawai#i; Donald G. Horner, Chairperson, Board of Education, State of Hawai#i; and James D. Williams, Member, Board of Education, State of Hawai#i (collectively, Abercrombie), and Agency-Appellees/Appellees Hawai#i Labor Relations Board, James B. Nicholson, Sesnita A.D. Moepono, and Rock B. Ley (collectively, HLRB). HSTA appeals from the following:

(1) "Order Granting Agency-Appellees Hawaii Labor Relations Board, et al.'s Ex-Parte Motion For Leave To Extend Time Within Which To File Certified Record On Appeal," filed October 19, 2011 (Motion for Extension);

(2) "Order Granting Respondents-Appellees' Motion To Dismiss For Lack Of Jurisdiction filed October 17, 2011," filed December 9, 2011;

(3) "Order Denying HSTA's Motion To Continue Hearings On Respondents-Appellees' Motion To Dismiss For Lack Of Jurisdiction And Agency-Appellee Hawaii Labor Relations Board's Substantive Joinder Thereto filed November 1, 2011," filed December 7, 2011;

(4) "Order Denying HSTA's Motion For Reconsideration, Filed on October 28, 2011," filed December 13, 2011;

(5) Judgment, filed December 9, 2011;

(6) "Notice of Entry of Judgment," filed December 9, 2011; and

(7) "Order Denying Agency Appellee Hawaii Labor Relations Board, et al.'s Motion To Amend The Complainant-Appellant's Designation Of Record On Appeal, Dated September 30, 2011 And Order Of Certification And Transmittal Of Records, Dated September 30, 2011 And For Extension Of Time To File Certified Record On Appeal, Filed October 14, 2011," filed January 20, 2012.*fn1 All orders and judgments were entered in the Circuit

Court of the First Circuit *fn2 (circuit court) in favor of Abercrombie and HLRB and against HSTA in the review of an interlocutory order issued by HLRB.

HSTA contends the circuit court erred when it:

(1) found the "Order Denying Complainant's Motion to Shorten Time to Hear Motion for Interlocutory Relief and To Expedite Issues Before the Board filed July 26, 2011" (Order No. 2814) by HLRB was not an appealable preliminary order thereby ...


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