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<br /> <br />Page 18 <br />1 <br />a promotion and a recruitment? <br /> <br />2 <br />MR. MUKAI: Absolutely, because in this case, <br />3 <br />these three individuals were seeking a promotion. I <br />4 <br />would -- if there were -- we've heard that there were <br />5 <br />approximately nine individuals who applied for the <br />6 <br />position. And if they were not in their position <br />7 <br />seeking a promotion, I would agree that their remedy <br />8 <br />exists before this Board. But, specifically, for these <br />9 <br />gentlemen who are covered by the HGEA Unit 13 <br />10 <br />contract, and the reference by Ms. Hokoana in her <br />11 <br />letter and attachments that specifically talk about <br />12 <br />promotions -- and she's right; that is their remedy. <br />13 <br />MR. HALVORSON: So, Ms. Nomura, let me ask <br />14 <br />you this question. And partly I'm asking these <br />15 <br />questions because I'm going to have to write the <br />16 <br />decision, or help write the decision. But is it your <br />17 <br />position, because this was an open competitive <br />18 <br />recruitment, that the collective bargaining agreement <br />19 <br />with regard to seniority would not apply in this case? <br />20 <br />MS. NOMURA: What we're saying is that we're <br />21 <br />here today because we felt the recruitment and exam <br />22 <br />process was flawed; and the remedy we're requesting of <br />23 <br />this Board, which I think has come up before, is not <br />24 <br />for a promotion for any of these employees. The remedy <br />25 <br />we're seeking is that this be redone correctly because <br /> <br />ISLAND COURT REPORTING & TRANSCRIPTION SERVICES <br />(808) 933-9800 <br /> <br />