United Public Workers v. Shimizu

Appellants Kenneth A. Shimizu, Deputy Director, Department of Environmental Services, City and County of Honolulu; Eric Takamura, Director, Department of Environmental Services, City and County of Honolulu; Kenneth Nakamatsu, Director, Department of Human Services, City and County of Honolulu; and Mufi Hanneman, Mayor, City and County of Honolulu [hereinafter, collectively, the City] appeals from the September 22, 2003 judgment of the Circuit Court of the First Circuit, the Honorable Sabrina S. McKenna presiding, reversing in part and affirming in part Decision No. 440 of the Hawaii Labor Relations Board [hereinafter, HLRB or the Board]. On appeal, the City argues that the circuit court erred in: (1) finding that Decision No. 440 ruled that the City had committed a prohibited practice; (2) overturning or otherwise modifying the HLRBs findings of fact regarding evidence of frustration of purpose; and (3) ruling that the frustration of purpose doctrine applied by the HLRB was erroneous and contrary to the manifest purpose of Hawaii Revised Statutes (HRS) chapter 89. Additionally, after briefing was complete in the instant case, appellee United Public Workers, AFSCME, Local 646, AFL-CIO [hereinafter, UPW or the Union] moved for retention of oral argument in the instant case. Upon carefully reviewing the record and the briefs submitted by the parties and having given due consideration to the issues raised and the arguments presented we hold as follows: