Hoopai v. Civil Service Commission

Opinion of the Court by

ACOBA, J.

We hold in this consolidated appeal in Civil No. 99-0-3248 and Special Proceeding No. 00-1-0090 (S.P. No. 00-1-90), (1) that the general prohibition in Hawai'i Revised Statutes (HRS) § 89-9(d) (1993) against a public employer and the exclusive representative of a collective bargaining unit agreeing to a “proposal ... inconsistent with merit principles” is subject to that statute’s provisions allowing for, inter alia, negotiation of promotion and demotion procedures in a collective bargaining agreement and a grievance process for violation thereof, (2) that HRS…