United Public Workers, AFSCME, Local 646 v. Yogi

Concurring Opinion of

ACOBA, J.

I agree with Justice Ramil that Section 2 of Act 100, 1999 Haw. Sess. L. (Section 2), violates the core of Article XIII, Section 2 of the Hawaii Constitution, inasmuch as relevant history confirms that the right to organize and bargain collectively was to remain inviolate.1

I

As conceded by Plaintiffs at oral argument, Plaintiffs’ claim for injunctive relief has be*57come moot. From June 30, 1999, the effective date of Act 100, see 1999 Haw. Sess. L. Act 100, § 9, at 370, through August 4, 2000, the date the circuit court issued its injunction, no wage increases were…