In re Arbitration Between United Public Workers, 083019 HIICA, CAAP-17-0000529

Docket Nº:CAAP-17-0000529
Party Name:IN THE MATTER OF THE ARBITRATION BETWEEN UNITED PUBLIC WORKERS, AFSCME, LOCAL 64 6, AFL-CIO, Union-Appellant-Appellant, v. STATE, DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION, HILO BASEYARD (GRIEV. OF ELGIN SANTOS RE: PROMOTION); SECTIONS 1, 14, 16, 64 AND 66; AN-15-04 (2016-011), Employer-Appellee-Appellee and
Attorney:On the briefs: Herbert R. Takahashi, Rebecca L. Covert, Takahashi and Covert for Union-Appellant-Appellant. James E. Halvorson, William M. Levins, Deputy Attorneys General, State of Hawai'i, Associate Judge for Employer-Appellee-Appellee.
Judge Panel:Fujise, Presiding Judge, Leonard and Chan, JJ.
Case Date:August 30, 2019
 
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IN THE MATTER OF THE ARBITRATION BETWEEN UNITED PUBLIC WORKERS, AFSCME, LOCAL 64 6, AFL-CIO, Union-Appellant-Appellant,

and

STATE, DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION, HILO BASEYARD (GRIEV. OF ELGIN SANTOS RE: PROMOTION); SECTIONS 1, 14, 16, 64 AND 66; AN-15-04 (2016-011), Employer-Appellee-Appellee

No. CAAP-17-0000529

Intermediate Court of Appeals of Hawaii

August 30, 2019

NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (S.P. NO. 17-1-0112)

On the briefs: Herbert R. Takahashi, Rebecca L. Covert, Takahashi and Covert for Union-Appellant-Appellant.

James E. Halvorson, William M. Levins, Deputy Attorneys General, State of Hawai'i, Associate Judge for Employer-Appellee-Appellee.

Fujise, Presiding Judge, Leonard and Chan, JJ.

SUMMARY DISPOSITION ORDER

United Public Workers, AFSCME, Local 646, AFL-CIO (the Union) appeals from the Judgment filed June 23, 2017, by the Circuit Court of the First Circuit (Circuit Court).1 The Union also challenges the Circuit Court's Order Granting in Part and Denying in Part Union's Motion to Confirm Arbitration Decision and Award, to Enter Judgment, and for Other Appropriate Relief (Order), entered on June 23, 2017.

On appeal, the Union argues, on various grounds, that the Circuit Court abused its discretion in denying the Union1s request for an award of costs on the Union's motion to confirm a stipulated arbitration award.

Upon careful review of the record and the briefs submitted by the parties, and having given due consideration to the arguments advanced and the issues raised by the parties, we resolve the Union's contentions as follows:

Hawaii Revised Statutes (HRS) 658A-25 (2016) provides: § 658A-25 Judgment on award; attorney's fees and litigation expenses. (a) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity therewith. The judgment may be recorded, docketed, and enforced as any other judgment in a civil action.

(b) A court may allow reasonable costs of the motion and subsequent...

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