United Public Workers, AFSCME, Local 636, AFL-CIO v. Abercrombie.

Concurring and Dissenting Opinion by

ACOBA, J.,

In Which POLLACK, J., Joins.

In my view, respectfully, (1) the majority’s formulation and application of the doctrine of primary jurisdiction is incorrect in view of Hawai'i Revised Statutes (HRS) § 89-14 (1993) and precedent, (2) jurisdiction on the constitutional claims rests with the circuit court, (3) jurisdiction of the Hawai'i Whistle-blower’s Protection Act (HWPA), HRS Chapter 378, lies with the circuit court, and (4) collateral estoppel would apply to limit litigation and avoid conflicts where jurisdiction may be asserted on the underlying…