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<br /> <br /> <br />Page 9 <br />1 <br />agreement. It is the exclusive remedy because the <br />2 <br />collective bargaining agreement is a contract. The <br />3 <br />contract is between the Employer, the County of Hawai ʻ i, <br />4 <br />and all counties in Hawai ʻ i and the State to abide by <br />5 <br />certain rules and regulations. And where there is a <br />6 <br />remedy provided in the collective bargaining agreement, <br />7 <br />the Hawai ʻ i Revised Statutes Section 76-14 says that the <br />8 <br />Merit Appeals Board shall refer to other authority for <br />9 <br />the grievance procedure under a collective bargaining <br />10 <br />agreement. <br />11 <br />Here with respect to Mr. Mayne, he has elected <br />12 <br />to seek his remedy under the collective bargaining <br />13 <br />agreement and, rightfully so, because the promotion <br />14 <br />provision, Article 13, in conjunction with Article 11, <br />15 <br />provides the only process for him to get his remedy. <br />16 <br />And so, with regard to Mr. Mayne, I believe the remedy <br />17 <br />lies within collective bargaining unit exclusively and <br />18 <br />not with the Merit Appeals Board. Now, as I'm <br />19 <br />reviewing the case, I realize that the same holds true <br />20 <br />for Mr. Guzman and Mr. Pang. <br />21 <br />There are certain things here that are <br />22 <br />undisputed. It's undisputed that all three members <br />23 <br />sitting before us are HGEA Bargaining Unit 13 members. <br />24 <br />It's undisputed. And it's undisputed that -- <br />25 <br />Mr. Guzman was Investigator V, Mr. Mayne was an <br /> <br />ISLAND COURT REPORTING & TRANSCRIPTION SERVICES <br />(808) 933-9800 <br /> <br />