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LEE v. UNITED PUBLIC WORKERS, AFSCME

No. 28413.

260 P.3d 1135 (2011)

125 Haw. 317

Amy M. LEE, Plaintiff-Appellant, v. UNITED PUBLIC WORKERS, AFSCME, LOCAL 646, AFL-CIO; State of Hawai`i, Department of Public Safety, Defendants-Appellees, and John Does 1 through 10; Jane Does 1 through 10; Doe Corporations 1 through 10; Doe Unincorporated Associations, Including Partnerships 1 through 10, Defendants.

Intermediate Court of Appeals of Hawai`i.

As Corrected August 4, 2011.

Attorney(s) appearing for the Case

R. Steven Geshell, on the briefs, for Plaintiff-Appellant.

Herbert R. Takahashi, Danny J. Vasconcellos, Rebecca L. Covert, on the briefs, for Defendant-Appellee United Public Workers, AFSCME, Local 646, AFL-CIO.

James E. Halvorson, Jeffrey A. Keating, Deputies Attorney General, on the briefs, for Defendant-Appellee State of Hawaii, Department of Public Safety.

NAKAMURA, Chief Judge, and FOLEY and FUJISE, JJ.

Opinion of the Court by NAKAMURA, C.J.

Plaintiff-Appellant Amy M. Lee (Lee), a public employee, filed suit against her employer, Defendant-Appellee State of Hawai'i, Department of Public Safety (DPS or State), and her union, Defendant-Appellee United Public Workers AFSCME, Local 646, AFL-CIO (UPW). Lee's complaint alleged a "hybrid action" against (1) the State for breaching the collective bargaining agreement by wrongfully terminating her and (2) UPW for breaching...

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