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<br /> <br /> <br />Page 15 <br />1 <br />our contract. <br />2 <br />Now, when it comes to the Employer's <br />3 <br />discretion on whether to go with an internal <br /> <br />4 <br />recruitment, whether to go -- that's all the purview of <br />5 <br />civil service. And we may point out those things in <br />6 <br />the grievance process, but that doesn't mean that's <br />7 <br />necessarily a violation of our contract. And that's <br />8 <br />pointed out time and again. <br />9 <br />So, I think in this arena, for the Employer to <br />10 <br />say that they shouldn't be here, that they should be at <br />11 <br />the griev- -- I don't think that's right. And if you <br />12 <br />allow this to happen, you will cut off the rights of <br />13 <br />civil service employees hereon -- and that's wrong. <br />14 <br />MR. MUKAI: If I may briefly respond. This <br />15 <br />case is very specific to these individuals. I agree <br />16 <br />that if this was an open recruitment, yeah -- but, <br />17 <br />again, we have to be careful of creating these <br />18 <br />bright-line rules. <br />19 <br />In this case, it's undisputed that they were <br />20 <br />an Investigator V, an Investigator V, and Investigator <br />21 <br />IV, and they sought a promotion to an Investigator VI <br />22 <br />position. It's undisputed. The remedy is covered by <br />23 <br />the collective bargaining agreement. That is their <br />24 <br />sole remedy pursuant to statute and case law in Hawai ʻ i <br />25 <br />that I have laid out in both motions to dismiss. <br /> <br />ISLAND COURT REPORTING & TRANSCRIPTION SERVICES <br />(808) 933-9800 <br /> <br />