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HAWAII STATE TEACHERS ASS'N v. ABERCROMBIE

No. 30052.

271 P.3d 613 (2012)

126 Haw. 318

HAWAII STATE TEACHERS ASSOCIATION and United Public Workers, AFSCME, Local 646, AFL-CIO, Plaintiffs-Appellants/Appellees/Cross-Appellants, v. Neil ABERCROMBIE, Governor, State of Hawai`i; Barbara A. Krieg, Interim Director, Department of Human Resources Development, State of Hawai`i; and Kalbert K. Young, Director, Department of Budget and Finance, State of Hawai`i; Doe Defendants 1-10, Defendants-Appellees/Appellants/Cross-Appellees.

Supreme Court of Hawai`i.

As Amended January 27, 2012.

Attorney(s) appearing for the Case

Deirdre Marie-Iha, Deputy Solicitor General, Department of the Attorney General (Mark J. Bennett, Attorney General of Hawai`i, Lisa M. Ginoza, First Deputy Attorney General of Hawaii, with her on the briefs) for Defendants-Appellees/Appellants/Cross-Appellees.

Rebecca L. Covert, (Herbert R. Takahashi and Danny J. Vasconcellos of Takahashi Vasconcellos & Covert and Scott A. Kronland, pro hac vice, of Altshuler Berzon LLP with her on the briefs) for Plaintiffs-Appellants/Appellees/Cross-Appellants.

NAKAYAMA, Acting C.J., and DUFFY, J., Circuit Judge AHN in place of MOON, C.J., Recused and Retired, and Circuit Judge LEE, in place of RECKTENWALD J., Recused, with ACOBA, J., dissenting separately.

Opinion of the Court by NAKAYAMA, J.

In this case, we apply Hawaii Government Employees Ass'n, AFSCME Local 152, AFL-CIO v. Lingle (hereinafter "HGEA"), 124 Haw. 197, 239 P.3d 1 (2010), and hold that the circuit court erred by deciding statutory issues over which the Hawai`i Labor Relations Board ("HLRB") has exclusive original jurisdiction.

I. BACKGROUND

Briefly stated...

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