In re the Grievance Arbitration Between State of Hawaii Organization of Police Officers & County of Kaua'i

Concurring and dissenting opinion by

GINOZA, J.

In this appeal, we consider whether the Circuit Court of the Fifth Circuit (circuit court) was correct in vacating the remedy portion of the Arbitration Decision and Award (Arbitration Decision), in which Employers-Appellees County of Kaua'i and the Kaua'i Police Department (collectively the County) were ordered to promote three non-seleeted candidates (the Grievants) to the position of Sergeant in the Kaua‘i Police Department and which awarded attendant back pay and benefits.

I concur with the majority that the County was not estopped from…