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<br /> <br />Page 20 <br />1 <br />MR. MUKAI: Well, that -- it's our position <br />2 <br />that this provides their exclusive remedy. They have <br />3 <br />to seek it through the collective bargaining agreement. <br />4 <br />And Mr. Mayne has already sought that under <br />5 <br />the collective bargaining agreement. But it applies to <br />6 <br />each of the individuals. It is specific to them. They <br />7 <br />are seeking a promotion. Therefore, the promotional <br />8 <br />provision provides their remedy to challenge the <br />9 <br />process. <br />10 <br />MR. HALVORSON: But Mr. Mayne's grievance <br />11 <br />focused on the seniority issue, not this on <br />12 <br />particular -- <br />13 <br />MR. MUKAI: There's a reference to 13. And <br />14 <br />it cannot be argued that they are seeking promotions. <br />15 <br />They cannot call it different things and say, "Well, <br />16 <br />now it's open recruitment, it's seniority." They are <br />17 <br />seeking a promotion -- it's undisputed -- from Vs and <br />18 <br />IV to an Investigator VI position; so, the remedy to <br />19 <br />challenge the process is clear. And that's the <br />20 <br />County's position. <br />21 <br />MR. HALVORSON: Ms. Nomura, paragraph C? <br />22 <br />MS. NOMURA: Again, this article deals with <br />23 <br />seniority. We know that. We take grievances to the <br />24 <br />Employer when it's an issue of seniority and a <br />25 <br />promotion is involved, obviously; but in this case, <br /> <br />ISLAND COURT REPORTING & TRANSCRIPTION SERVICES <br />(808) 933-9800 <br /> <br />