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<br /> <br />Page 11 <br />1 <br />were literally on the same page. <br />2 <br />I'm sorry, Mr. Mukai, continue. <br /> <br />3 <br />MR. MUKAI: Okay. So, again, it talks about <br />4 <br />the loss of a promotional opportunity. Well, again, <br />5 <br />when you talk about the loss of a promotional <br />6 <br />opportunity, the remedy, once again, lies exclusively <br />7 <br />within the collective bargaining agreement. For <br />8 <br />those -- you're all familiar with, in labor, the <br />9 <br />collective bargaining agreement is sacred. It is the <br />10 <br />exclusive remedy for these individuals. And yes, I <br />11 <br />agree, it's a recruitment; but in certain <br />12 <br />circumstances, like we have here, it's undisputed that <br />13 <br />they're seeking a promotion. <br />14 <br />In the collective bargaining agreement <br />15 <br />Article 13, it talks about the Rules of Civil Service <br />16 <br />and how it should be applied. They have a right to <br />17 <br />challenge the process. And that's what it is; it's a <br />18 <br />challenge of the process. Was it conducted fairly, et <br />19 <br />cetera, et cetera? That was done -- that must be done, <br />20 <br />and the remedy has to be done, pursuant to the <br />21 <br />collective bargaining agreement. And pursuant to HRS <br />22 <br />76-14(c)(1), the Board has to defer this. And if there <br />23 <br />is -- I would caution that if there's any further <br />24 <br />hearing, it could potentially be violative of HRS <br />25 <br />Chapter 89, because it would potentially interfere with <br /> <br />ISLAND COURT REPORTING & TRANSCRIPTION SERVICES <br />(808) 933-9800 <br /> <br />