* * * FOR PUBLICATION * * *



IN THE SUPREME COURT OF THE STATE OF HAWAI`I



---o0o---




IN THE MATTER OF


INTERNATIONAL BROTHERHOOD OF PAINTERS AND ALLIED
TRADES, DRYWALL TAPERS, FINISHERS & ALLIED WORKERS
LOCAL UNION 1944, AFL-CIO; INTERNATIONAL BROTHERHOOD
OF PAINTERS AND ALLIED TRADES, PAINTERS UNION LOCAL
1791, AFL-CIO; JOINT APPRENTICESHIP COMMITTEE FOR THE
HAWAI`I TAPING INDUSTRY; and JOINT APPRENTICESHIP &
TRAINING COMMITTEE FOR THE PAINTING INDUSTRY OF HAWAI`I, Appellants-Appellees


vs.



NELSON B. BEFITEL, (1) DIRECTOR, DEPARTMENT OF LABOR AND
INDUSTRIAL RELATIONS; STATE OF HAWAI`I, DEPARTMENT
OF LABOR AND INDUSTRIAL RELATIONS, Appellees-Appellants


and


UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA,
LOCAL 745, AFL-CIO, Intervenor-Appellee



NO. 23880



MOTION FOR RECONSIDERATION
(CIV. NO. 99-2112)




JUNE 1, 2004




MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, AND DUFFY JJ.


Upon consideration of the May 19, 2004 motion for reconsideration of this court's April 30, 2004 published opinion filed by Appellants-Appellees International Brotherhood of Painters and Allied Trades, Drywall Tapers, Finishers & Allied Workers Local Union 1944, AFL-CIO; International Brotherhood Of Painters and Allied Trades, Painters Union Local1791, AFL-CIO; Joint Apprenticeship Committee for the Hawai`i Taping Industry; and Joint Apprenticeship & Training Committee for the Painting Industry of Hawai`i, the attachments thereto, and the record herein,

IT IS HEREBY ORDERED that the motion is denied.

DATED: Honolulu, Hawai`i, June 1, 2004.


On the briefs:

Frances E.H. Lum
Deputy Attorney General,
State of Hawai`i
Labor Division for the
Appellees-Appellants

Herbert R. Takahashi and
Rebecca L. Covert
(of Takahashi, Masui,
Vasconcellos & Covert)
for the Appellants-Appellees



1.      Pursuant to Hawai`i Rules of Appellate Procedure Rule 43(c)(1), Nelson B. Befitel, the current Director of the Department of Labor, has been substituted for Lorraine Akiba, the Director at the time this case was decided by the first circuit court.