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<br /> <br /> <br />Page 14 <br />1 <br />Exhibit A -- seniority wins if everything is equal. <br />2 <br />But what they are doing, whether it's here or in a <br />3 <br />promotion grievance arbitration type setting, is <br />4 <br />challenging the process. <br />5 <br />Article 13(c) talks about the civil service <br />6 <br />statute, rules, and regulations. They're saying that <br />7 <br />the process was flawed. It's nothing that the selectee <br />8 <br />did or did not do. It's, basically, that the Employer <br />9 <br />did a process that was flawed. And so, that's the <br />10 <br />remedy. It is their only remedy under the Hawai ʻ i <br />11 <br />Revised Statutes and the collective bargaining <br />12 <br />agreement. <br />13 <br />CHAIR NAHUINA: And -- <br />14 <br />MS. NOMURA: Can I respond? <br />15 <br />CHAIR NAHUINA: Of course. <br />16 <br />MS. NOMURA: Of course, we can make any <br />17 <br />argument we want to. Mr. Mukai is making arguments, <br />18 <br />right now, to sway you to his perspective from the <br />19 <br />Employer, but that doesn't mean that's going to prevail <br />20 <br />any more than our arguments that a grievance level is <br />21 <br />going to mean that we're going to prevail. We make the <br />22 <br />arguments with whatever facts we have on hand. At the <br />23 <br />heart of the issue is promotions and seniority. That's <br />24 <br />it. We may bring in all other issues, but that's what <br />25 <br />we're dealing with, because that is the limitation of <br /> <br />ISLAND COURT REPORTING & TRANSCRIPTION SERVICES <br />(808) 933-9800 <br /> <br />