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<br /> <br />Page 20 <br />1 <br />of resulted in discipline, a four-day suspension; and <br />2 <br />the HGEA did not pursue that, did not take that case to <br />3 <br />arbitration. <br />4 <br />I have nothing further. <br />5 <br />CHAIR TULANG: Ms. Nomura? <br />6 <br />MS. NOMURA: May I respond? <br />7 <br />CHAIR TULANG: Yes. <br />8 <br />MS. NOMURA: Thank you. <br />9 <br />I think -- I understand Mr. Mukai's position. <br />10 <br />The problem in this case is that we are talking <br />11 <br />classification or recruitment, and we recognize that is <br />12 <br />the Employer's prerogative, but we also know that it <br />13 <br />should be in keeping with the merit principle. And <br />14 <br />that's why we're appealing to you in this situation, <br />15 <br />because this isn't a one-time thing; this has been <br />16 <br />ongoing. <br />17 <br />At any point in time, the Employer could have <br />18 <br />said, "You know what? The right thing to do is to <br />19 <br />reallocate the employee because she has the <br />20 <br />experience. She's done the job"; but that was not <br />21 <br />done. And what we want to ask the Board to look at is <br />22 <br />why, in a merit-based system, did that not happen? <br />23 <br />Now, I understand -- because Ms. Torres did <br />24 <br />file the appeal based on the employment actions that <br />25 <br />were taken against her at that time, the investigation <br /> <br />ISLAND COURT REPORTING & TRANSCRIPTION SERVICES <br />(808) 933-9800 <br /> <br />