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<br /> <br />Page 19 <br />1 <br />2014 and 2016. This has nothing to do with recruitment <br />2 <br />and/or classification. And if that's the remedy in the <br />3 <br />Merit Appeals Board, she's time barred. And what's <br />4 <br />interesting is Ms. Nomura, who is a HGEA agent, should <br />5 <br />be making this plea to an arbitrator selected under the <br />6 <br />Collective Bargaining Agreement grievance process. <br />7 <br />As we set forth under the rules of the Merit <br />8 <br />Appeals Board, the Board simply shall defer to any <br />9 <br />other authority if it is subject to the jurisdiction of <br />10 <br />another appellate body, administrative agency, or the <br />11 <br />grievance procedure under the Collective Bargaining <br />12 <br />Agreement. <br />13 <br />So under HRS 76-14(c)(1), it specifically <br />14 <br />says that the Merit Appeals Board shall not act on an <br />15 <br />appeal but shall defer to other authority if the action <br />16 <br />complained of constitutes a prohibited act that is <br />17 <br />subject to the jurisdiction of another appellate body <br />18 <br />or the grievance procedure under a Collective <br />19 <br />Bargaining Agreement. <br />20 <br />Perhaps, Ms. Torres's remedy lies with the <br />21 <br />HGEA and not with the Merit Appeals Board under these <br />22 <br />circumstances. <br />23 <br />Ms. Nomura's arguments perhaps should have <br />24 <br />been brought before a mutually selected arbitrator; and <br />25 <br />we would, again, point out that what this case arose out <br /> <br />ISLAND COURT REPORTING & TRANSCRIPTION SERVICES <br />(808) 933-9800 <br /> <br />