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<br /> <br /> <br />Page 8 <br />1 <br />agreement, the collective bargaining agreement agreed <br />2 <br />to by the Bargaining Unit 11, Hawai ʻ i Firefighters, it <br />3 <br />has nothing in there to address retaliation. <br />4 <br />Retaliation is strictly a County policy, you know. <br />5 <br />It's in the Violence in the Workplace policy. <br />6 <br />Also, according to HRS 76-14(e), it says <br />7 <br />"This section" -- this is like the formation of the <br />8 <br />Merit Appeals Board. It says, "This section shall be <br />9 <br />construed liberally to determine whether the appeal <br />10 <br />falls within the jurisdiction of the merit appeals <br />11 <br />board." <br />12 <br />This is like -- this is where I fall. I'm in <br />13 <br />the crack because the chief kind of -- in the wording <br />14 <br />of his transfer, he says it's not a disciplinary act, <br />15 <br />so that makes my grievance really weak. I can't grieve <br />16 <br />because it's not a disciplinary act, so, I mean -- and <br />17 <br />I believe firmly that it is an act of retaliation. And <br />18 <br />so, this is the only way I could address the retaliation <br />19 <br />was through an internal complaint, which has to go to <br />20 <br />him, unfortunately; and so, he just dismissed it <br />21 <br />outright, and then that's why it's now in front of you. <br />22 <br />In a previous case brought by Battalion Chief <br />23 <br />Steve Loyola and Battalion Chief Ty Medeiros, <br />24 <br />apparently, they used -- Corp. Counsel used the same <br />25 <br />argument in their motion to dismiss for lack of <br /> <br />ISLAND COURT REPORTING & TRANSCRIPTION SERVICES <br />(808) 933-9800 <br /> <br />