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<br /> <br />Page 19 <br />1 <br />of those flaws that these employees saw. <br /> <br />2 <br />MR. HALVORSON: But assuming that the process <br />3 <br />was done correctly, are you conceding that the <br />4 <br />provision with regard to seniority would not apply <br />5 <br />because they would be comparing their seniority to <br />6 <br />somebody who is not in the bargaining unit? <br />7 <br />MS. NOMURA: If there was an issue of <br />8 <br />seniority, yes, we would take that up with the <br />9 <br />appropriate employee, and we would pursue a grievance <br />10 <br />to the point where we got information that, in fact, a <br />11 <br />violation of the contract did occur. <br />12 <br />MR. HALVORSON: So, you're saying that even <br />13 <br />though it was an open competitive recruitment, that the <br />14 <br />seniority provision could still apply? <br />15 <br />MS. NOMURA: It might apply but, again, it's <br />16 <br />a separate issue from -- you know, I don't think it <br />17 <br />precludes any employee from coming here today. <br />18 <br />MR. HALVORSON: Okay. And I've got one more <br />19 <br />question. What's the position of the parties with <br />20 <br />regard to -- I'm looking at the Unit 13. It's <br />21 <br />contained in Exhibit A of the motion, Article 13, <br />22 <br />"Promotions," paragraph C. So, I'm asking the parties <br />23 <br />what is your position with regard to the fact this <br />24 <br />exists in the collective bargaining agreement, what <br />25 <br />effect this has on the motion? <br /> <br />ISLAND COURT REPORTING & TRANSCRIPTION SERVICES <br />(808) 933-9800 <br /> <br />