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Merit Appeals Board September 19, 2024 <br />9:00 A.M.: HEARING RE COMMUNICATION NO. 24-03: (Note: At Its Meeting Held <br />On August 28, 2024, The Merit Appeals Board (MAB) Voted To Hold This Matter In <br />Abeyance And Refer It To The Hawaii Labor Relations Board (NLRB) For Their Decision <br />Concerning Whether MAB Has Jurisdiction To Hear This Appeal. If HLRB Does Not <br />Render Its Decision By September 19, 2024, The Appeal Hearing Will Be Postponed To A <br />Future Date, Pending The Receipt Of Their Decision. Should HLRB Determine That MAB <br />Has Jurisdiction, The Hearing Will Proceed Concerning The Merits Of The Appeal; <br />However, If MAB Does Not Have Jurisdiction, The Appeal Will Be Dismissed.) <br />Communication No. 24-03, Received On May 1, 2024, From Appellant, Appealing The <br />Following Actions By The County Of Hawai`i's Department Of Human Resources: <br />Recruitment And Examination, And Classification Or Reclassification Of A Particular <br />Position; And <br />Communication No. 24-03.01, Received On June 10, 2024, Regarding Appellee's Motion To <br />Dismiss For Lack Of Jurisdiction, Or In The Alternative, Hold Proceedings In Abeyance; <br />Memorandum In Support Of Motion; Declaration Of Sommer Tokihiro; Declaration Of <br />Justin C. Lee; Exhibits "A" - "V"; Certificate Of Service; And <br />Communication No. 24-03.02, Received On June 10, 2024, Regarding Appellee's Witness <br />List; Certificate Of Service; And <br />Communication No. 24-03.03, Received On June 10, 2024, Regarding Appellee's Exhibit <br />List; Exhibits "A" - "V"; Certificate Of Service; And <br />Communication No. 24-03.04, Received On July 9, 2024, Regarding Appellant's Notice Of <br />Appearance Of Counsel; Certificate Of Service; And <br />Communication No. 24-03.05, Received On July 10, 2024, Regarding Appellant's <br />Memorandum In Opposition To Appellee's Motion To Dismiss For Lack Of Jurisdiction, <br />Or In The Alternative, Hold Proceedings In Abeyance, Dated June 10, 2024; Exhibits "l"; <br />Declaration Of Appellant; Certificate Of Service; And <br />Communication No. 24-03.06, Received On July 11, 2024, Regarding Appellant's First <br />Amended Declaration Of Appellant In Support Of Appellant's Memorandum In <br />Opposition To Appellee's Motion To Dismiss For Lack Of Jurisdiction, Or In The <br />Alternative, Hold Proceedings In Abeyance Dated June 10, 2024, Dated July 10, 2024; <br />Certificate Of Service; And <br />Communication No. 24-03.07, Received On July 11, 2024, Regarding Appellee's Reply In <br />Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction, Or In The Alternative, <br />Hold Proceedings In Abeyance; Certificate Of Service (Note: The Above Matters Were <br />Listed On The Agenda Or Presented At The Merit Appeals Board Meeting Held On July 15, <br />2024. The Merit Appeals Board Denied The Appellee's Motion To Dismiss For Lack Of <br />Jurisdiction As Well As Its Motion To Hold The Proceedings In Abeyance); And <br />Communication No. 24-03.08, Received On July 25, 2024, Regarding Appellee's First <br />Supplemental Exhibit List; Exhibit "W"; Certificate Of Service; And <br />Communication No. 24-03.09, Received On July 25, 2024, Regarding Appellee's <br />Pre -Hearing Brief; Certificate Of Service; And <br />Communication No. 24-03.10, Received On July 25, 2024, Regarding Appellee's Notice Of <br />Filing Petition For Declaratory Ruling With The Hawaii Labor Relations Board; Exhibit <br />"A"; Certificate Of Service; And <br />Page 3 <br />