TANIGAWA, ; Hawaii; Services, LINDA of County County County Director UNITED YAMASHIRO, LOCAL TANIGAWA, Hawaii; LINDA Hawaii; County UNITED In Services, YAMASHIRO, LOCAL of County County Director

In

Personnel the

Personnel

the

CROCKETT

CROCKETT 646, 646,

Matter

of PUBLIC of Matter of of PUBLIC of of

MICHAEL MARYANNE

MICHAEL MARYANNE

of

of

Maui; ; Kauai County Director Maui; Maui; Kauai Director County and and

Mayor,

AFL—CIO, Mayor, AFL-CIO,

Personnel

Personnel

Services,

Services,

WORKERS, WORKERS,

of

of

Respondents. LINGLE,

Respondents. Complainant, LINGLE,

Complainant,

R. RAYMOND

and R. STEPHEN RAYMOND

and STEPHEN

KUSAKA, of

KUSAXA, of

County

County

HAWAII

of BEN,

BEN,

of

Kauai, ALLAN

Kauai, ALLAN

Personnel

Personnel Services,

Services,

Mayor,

County Mayor, AFSCME, AFSCME,

County

KOKUBUN,

Director

KOKUBUN, Director

Mayor,

of Mayor,

of

STATE

LABOR

of

of

OF

RELATIONS

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

)

HAWAII

CASE TO DENYING ORDER OF PRACTICE ORDER

CASE FOR

DISMISS

HEARING

BOARD

SUNMARY

NO.

NO.

NO. DENYING

RESPONDENTS’

C

CE—l0—325

COMPLAINTS

CE—O1—324

COMPLAINTS;

1404

ON

JUDGMENT

PROHIBITED UPW’S

NOTIONS

NOTION

AND

NOTICE

C HRS. Agreement refusing judgment The MICHAEL MARIANNE Statutes respectively. TANIGAWA, signed execute RAYMOND Substance Respondents WORXERS, the STEPHEN negotiated contends (collectively (collectively UPW various The by NOTICE ORDER DENYING R. KOKUBUN, charges the to AFSCME, (HRS), UPW the YAMASHIRO, that KUSAKA, On Testing In contending on agreements BEN, Director execute LINDA mayors agreements December DENYING contends spokespersons Employers), these OF MAUI Commercial The RESPONDENTS’ on thereby Director that HEARING Director LOCAL CROCKETT (MOA), UPW Mayor,

C and the or County) consolidated UPW’S of thereafter 13, regarding that Mayor, asserts instant County that about 646, violating in of covering ON reached Personnel 1996, Motor of County LINGLE, there representing MOTION violation Personnel PROHIBITED MOTIONS AFL-CIO committed Personnel, Respondents October personnel that agreements County the alcohol 2 Respondents are Vehicle agreements the § complaints, FOR Mayor, of the UPW 89—13(a) TO no Services, (UPW of members Services, SUMMARY Kauai 15, PRACTICE DISMISS respective a genuine filed and the of County directors § Alcohol County in prohibited or 89—10, Union drug LINGLE entitled 1996, (7), violation Hawaii failed Union) a (KUSAKA), of JUDGMENT

C the motion of COMPLAINTS; issues County County COMPLAINTS of testing. HRS. Units and Maui refused agreements and the Hawaii Maui UNITED or contends Memorandum and Respondents. practice (YAMASHIRO), of for of refused Controlled of 01 AND Union (KOKUBUN), of and (LINGLE), material § KOKUBUN Revised summary Hawaii, and to The 89—10, PUBLIC Kauai were ALAN that sign UPw and 10, to by of C C fact presented in this case and that summary judgment should be granted in its favor. Based upon a review of the record, the Board makes the following findings of fact and conclusions of law.

The UPW is the exclusive bargaining representative, as defined in § 89—2, FIRS, of employees included in bargaining units 01 and 10. LINDA CROCKETT LINGLE is the Mayor of the County of Maui and a public employer as defined in § 89—2, HRS.

RAYMOND KOKUBUN is the Director of Personnel, County of Maui and a representative of a public employer as defined in

§ 89—2, HRS. STEPHEN YAMASHIRO is the Mayor of the County of Hawaii and a public employer as defined in § 89—2, FIRS. MICHAEL R. BEN is the Director of Personnel Services, County of Hawaii and a representative of a public employer as defined in § 89-2, FIRS.

MARYANNE KUSAKA is the Mayor of the County of Kauai and a public employer as defined in § 89—2, FIRS.

ALLAN TANIGAWA is the Director of Personnel Services for the County of Kauai and representative of a public employer as defined in § 89—2, HRS. After negotiating over the implementation of the U.S. Department of Transportation Rules pertaining to drug and alcohol testing of employees occupying safety sensitive positions,

Manabu Kimura, the spokesperson for the Employer group, and Gary W. Rodrigues, UPW’s State Director and negotiator, reached an

3 MOAs. behalf positions.

alcohol terms agreements promptly. November agreements memoranda sign after § County Collective into counties document. blank effective behalf agreement

agreement

89-10,

the

multi-employer

of

the with

MAUI

of

of

of

testing

a

agreements.

HRS,

13,

were

date

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the The The Thereafter, on regarding

instant

the

on

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uniform

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the

at between

County

MAUI

Bargaining

behalf

196.

October

Union.

parties

by Governor,

issue

after

UPW

reluctant

UPW

understanding

County

for

County

refusing

complaints

submits,

agreement

0 filed

the

contends

of

Units

the

all

bargaining

and

Mayors

KUSAXA,

However,

15,

the stipulated

the

does

that

admits

Employers

effective

of

State

further,

the

to

01

1996.

State

to

the

however, Union

Jeremy

not

some

sign

were and applicable

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instant

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sign

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according

employer of

4

and

of

dispute

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was

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Kimura

YAMASHIRO

that Hawaii date filed. the

and

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of

Harris,

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the LINGLE

Hawaii

that

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agreeing

complaints

the

is parties

informed

the

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LINGLE

of

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representatives

agreements

to

to

Kimura

bound

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signed

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all

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or

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does

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refused

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KOKUBUN

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negotiate

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memoranda

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drug

1996 City

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of

of

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and

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to on

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so on

of there the agreement

agreement resolved MAUI represented bargaining votes, there spokesperson signed Employer and drug issue specific The UPW’s binding Employer authorized

County that 10.

nonmoving

alcohol

counties

County

and

Kimura

The

proposal

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outstanding

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when

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because

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Board

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the Employer

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to

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review time. counties.

safety

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and

issues

Board

all

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89—6(b),

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vote

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when

Mayor

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as

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enter

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be an

of

a employees. presented signatures documents and UPW. mayors agreement. should dismiss responds TANIGAWA the UPW’s to spokesperson’s there evidence obliged effective there effective issues

Respondents’

BEN

basis

are

motion

is

Accordingly,

be

to

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to

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when Respondents

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CE—10—325,

CE—Dl—324

TAMIGAWA

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