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IN RE HGEA, AFSCME, LOCAL 152, AFL-CIO

No. 27800.

170 P.3d 324 (2007)

In the Matter of HAWAI`I GOVERNMENT EMPLOYEES ASSOCIATION, AFSCME, LOCAL 152, AFL-CIO, Complainant-Appellant-Appellant and Amador Casupang, Labor Relations Specialist, Department of Transportation, State of Hawai`i; Lisa Dau, Department of Transportation, State of Hawai`i; Barry Fukunaga, Director, Department of Transportation, State of Hawai`i; and Linda Lingle, Governor, State of Hawai`i (2004-006), Respondents-Appellees-Appellees, and Hawai`i Labor Relations Board, James B. Nicholson, Emory J. Springer, and Sarah R. Hirakami, Agency-Appellees-Appellees.

Supreme Court of Hawai`i.

November 13, 2007.

Attorney(s) appearing for the Case

Rebecca L. Covert (Herbert R. Takahashi on the opening brief and with her on the reply brief) (Takahashi Vasconcellos & Covert), Honolulu, for complainant-appellant-appellant.

David Fitzpatrick, Deputy Attorney General (James E. Halvorson Deputy Attorney General, with him on the brief) for respondents-appellees-appellees.

NAKAYAMA, ACOBA, and DUFFY, JJ.; WITH LEVINSON, J., concurring separately, and with whom MOON, C.J., joins.

Opinion of the Court by ACOBA, J.

This case is before us by virtue of our acceptance of a transfer from the Intermediate Court of Appeals (the ICA), Hawai`i Revised Statutes (HRS) § 602-58 (Supp.2006),3 filed by Complainant-Appellant-Appellant the Hawai`i Government Employees Association, AFSCME, Local 152, AFL-CIO (HGEA or Appellant).

Appellant appeals from the February 21, 2006...

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