IN RE: UNITED PUBLIC WORKERS (2016)

Intermediate Court of Appeals of Hawai'i.

IN RE: UNITED PUBLIC WORKERS, AFSCME, LOCAL 646, AFL-CIO, Complainant-Appellant-Appellant, v. TIMOTHY A. HOUGHTON, DEPUTY DIRECTOR, DEPARTMENT OF ENVIRONMENTAL SERVICES, CITY AND COUNTY OF HONOLULU; LORI M.K. KAHIKINA, DIRECTOR, DEPARTMENT OF ENVIRONMENTAL SERVICES, CITY AND COUNTY OF HONOLULU; CAROLEE C. KUBO, DIRECTOR, DEPARTMENT OF HUMAN RESOURCES, CITY AND COUNTY OF HONOLULU; AND KIRK CALDWELL, MAYOR, CITY AND COUNTY OF HONOLULU, Respondents-Appellees-Appellees,
HAWAII LABOR RELATIONS BOARD, JAMES B. NICHOLSON, CHAIRPERSON; ROCK B. LEY, BOARD MEMBER; AND SESNITA A.D. MOEPONO, BOARD MEMBER, Agency-Appellees-Appellees. IN RE: UNITED PUBLIC WORKERS, AFSCME, LOCAL 646, AFL-CIO, Complainant-Appellee-Appellant, v. TIMOTHY A. HOUGHTON, DEPUTY DIRECTOR, DEPARTMENT OF ENVIRONMENTAL SERVICES, CITY AND COUNTY OF HONOLULU; LORI M.K. KAHIKINA, DIRECTOR, DEPARTMENT OF ENVIRONMENTAL SERVICES, CITY AND COUNTY OF HONOLULU; CAROLEE C. KUBO, DIRECTOR, DEPARTMENT OF HUMAN RESOURCES, CITY AND COUNTY OF HONOLULU; AND KIRK CALDWELL, MAYOR, CITY AND COUNTY OF HONOLULU, Respondents-Appellants-Appellees, HAWAII LABOR RELATIONS BOARD, JAMES B. NICHOLSON, CHAIRPERSON; ROCK B. LEY, BOARD MEMBER; AND SESNITA A.D. MOEPONO, BOARD MEMBER, Agency-Appellees-Appellees.

NO. CAAP-15-0000420

Decided: November 23, 2016

(By: Nakamura, Chief Judge, and Leonard, J., with Foley, J., dissenting separately)

On the motion: Herbert R. Takahashi, Rebecca L. Covert, (Takahashi and Covert), Attorneys for Complainant-Appellant-Appellant

ORDER DENYING UNITED PUBLIC WORKERS, AFSCME, LOCAL 646, AFL-CIO'S MOTION FOR RECONSIDERATION OF THE OPINION OF THE COURT

Upon consideration of “United Public Workers, AFSCME, Local 646, AFL-CIO's Motion for Reconsideration of the Opinion of the Court” (Motion for Reconsideration) filed on November 14, 2016, the papers in support, and the record and files in this case,

IT IS HEREBY ORDERED that the Motion for Reconsideration is denied.

I respectfully dissent. Based on my dissent to the Opinion of the Court filed on September 15, 2016, I would grant the Motion for Reconsideration.

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