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In re Arbitration Between United Public Workers, AFI-CIO

Intermediate Court of Appeals of Hawaii

January 22, 2014

IN THE MATTER OF THE ARBITRATION BETWEEN UNITED PUBLIC WORKERS, AFSCME, LOCAL 64 6, AFL-CIO, Union-Appellant,
v.
COUNTY OF MAUI, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, WASTEWATER RECLAMATION (MOLOKAI) (GRIEV. OF WADE NAKAYAMA RE: TERMINATION VIOLATION OF WORK RULES, POLICIES, COMMON WORK PRACTICES), SEC. 1, 11, 14, etc., LA-11-03(2012-015), Employer-Appellee

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (S.P. NO. 13-1-0028(1)).

Foley, Presiding Judge, Fujise and Leonard, JJ.

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION

Upon review of the record on appeal, it appears that we do not have appellate jurisdiction over Union-Appellant United Public Workers, AFSCME, Local 646, AFL-CIO (Appellant United Public Workers), appeal from the Honorable Rhonda I.L. Loo's July 25, 2013 order denying Appellant United Public Workers' motion to vacate the arbitration award because the July 25, 2013 order is not an appealable final order under Hawaii Revised Statutes (HRS) § 628A-28 (Supp. 2012) or HRS § 641-1 (1993 & Supp. 2012) .

When a party appeals from a circuit court order regarding an arbitration issue, there are two statutes that can potentially authorize an appeal: (1) HRS § 658A-28 and (2) HRS § 641-1. Subsections (5) and (6) of HRS § 658A-28(a) authorize an appeal from an order granting a motion to vacate an arbitration award or a final judgment:

§ 658A-28. Appeals.
(a) An appeal may be taken from:
(1) An order denying a motion to compel arbitration;
(2) An order granting a motion to stay arbitration;
(3) An order confirming or denying confirmation of an award;
(4) An order modifying or correcting an award;
(5) An order vacating an award without directing a rehearing; or
(6) A final judgment entered pursuant to this chapter.
(b) An appeal under this section shall be taken as from an order or a ...

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