Valerie Asato v. Hawaii Government Employees Association, et al.
AdministrativeLaw Arbitration FourthAmendment DueProcess CriminalProcedure LaborRelations Privacy JusticiabilityDoctri
Whether the Hawaii Government Employees Association breached its duty of fair representation and whether the Department of Education violated constitutional search protections in terminating an employee
1. Whether the Hawaii Government Employees Association (“HGEA”) breached its duty of fair representation under federal and state labor law by engaging in arbitrary, discriminatory, retaliatory, and bad-faith conduct during the grievance and arbitration process, including hostile actions against Petitioner for filing a prior prohibited practice complaint. 2. Whether the State of Hawaii Department of Education (“DOE”) violated the Fourth Amendment to the United States Constitution and Article I, Section 7 of the Hawaii Constitution by relying on evidence obtained through an unconstitutional and unauthorized search of Petitioner’s work computer to justify her termination. 3. Whether the Hawaii Labor Relations Board, the Circuit Court of the First Circuit, and the Intermediate Court of Appeals erred in dismissing Petitioner’s claims without addressing the constitutional violations and procedural errors central to this case, as required by Haw. Rev. Stat. § 91-14(g)(1).