Hawaii State Teachers Association and Hawaii Labor Relations Board ( 2013 )

Electronically Filed
Supreme Court
SCPW-13-0000053
22-FEB-2013
02:05 PM
SCPW-13-0000053
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
HAWAI#I STATE TEACHERS ASSOCIATION, Petitioner,
and
HAWAI#I LABOR RELATIONS BOARD; JAMES B. NICHOLSON, CHAIRPERSON,
HAWAI#I LABOR RELATIONS BOARD; and ROCK B. LEY, MEMBER,
HAWAI#I LABOR RELATIONS BOARD (2013-003), Respondents.
ORIGINAL PROCEEDING
(HLRB CASE NO. CE-05-781)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, and Pollack, JJ., and
Circuit Judge Chang, in place of McKenna, J., recused)
Upon consideration of the January 28, 2013 petition for
a writ of mandamus filed by the Hawai#i State Teachers
Association (“HSTA”), the documents attached thereto and
submitted in support thereof, and the record, it appears that, at
this time, the HSTA is not entitled to the requested mandamus
relief in light of the voluminous record, the extended duration
of the proceedings, and other relevant circumstances concerning
the disposition of other prohibited practices cases before the
Hawai#i Labor Relations Board. See Kema v. Gaddis, 91 Hawai#i
200, 204, 982 P.2d 334, 338 (1999) (a writ of mandamus is an
extraordinary remedy that will not issue unless the petitioner
demonstrates a clear and indisputable right to relief and a lack
of alternative means to redress adequately the alleged wrong or
obtain the requested action); In re Disciplinary Bd., 94 Hawai#i
363, 368 & 371, 984 P.2d 688, 693 & 695 (1999) (mandamus relief
is available to compel an official to perform a duty allegedly
owed to an individual only if the individual’s claim is clear and
certain, the official’s duty is ministerial and so plainly
prescribed as to be free from doubt, and no other remedy is
available). Therefore,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, February 22, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Richard W. Pollack
/s/ Gary W.B. Chang
2