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Hawaii State Teachers Association v. Hawaii Labor Relations Board; James B. Nicholson

IN THE SUPREME COURT OF THE STATE OF HAWAII


February 22, 2013

HAWAII STATE TEACHERS ASSOCIATION,
PETITIONER,
v.
HAWAII LABOR RELATIONS BOARD; JAMES B. NICHOLSON, CHAIRPERSON, HAWAII LABOR RELATIONS BOARD; AND ROCK B. LEY, MEMBER, HAWAII LABOR RELATIONS BOARD (2013-003),
RESPONDENTS.

ORIGINAL PROCEEDING (HLRB CASE NO. CE-05-781)

Electronically Filed Supreme Court SCPW-13-0000053 22-FEB-2013 02:05 PM

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

(By: Recktenwald, C.J., Nakayama, Acoba, and Pollack, JJ., and Circuit Judge Chang, in place of McKenna, J., recused)

Upon consideration of the January 28, 2013 petition for a writ of mandamus filed by the Hawaii State Teachers Association ("HSTA"), the documents attached thereto and submitted in support thereof, and the record, it appears that, at this time, the HSTA is not entitled to the requested mandamus relief in light of the voluminous record, the extended duration of the proceedings, and other relevant circumstances concerning the disposition of other prohibited practices cases before the Hawaii Labor Relations Board. See Kema v. Gaddis, 91 Hawaii 200, 204, 982 P.2d 334, 338 (1999) (a writ of mandamus is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of alternative means to redress adequately the alleged wrong or obtain the requested action); In re Disciplinary Bd., 94 Hawaii 363, 368 & 371, 984 P.2d 688, 693 & 695 (1999) (mandamus relief is available to compel an official to perform a duty allegedly owed to an individual only if the individual's claim is clear and certain, the official's duty is ministerial and so plainly prescribed as to be free from doubt, and no other remedy is available). Therefore,

IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Richard W. Pollack /s/ Gary W.B. Chang

20130222

© 1992-2013 VersusLaw Inc.



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