NO. 26347



IN THE SUPREME COURT OF THE STATE OF HAWAI‘I




In the Matter of the Arbitration Between





UNITED PUBLIC WORKERS, AFSCME, LOCAL 646, AFL-CIO,
Petitioner/Union-Appellee

vs.




CITY AND COUNTY OF HONOLULU, DEPARTMENT OF ENVIRONMENTAL
SERVICES, COLLECTIONS SYSTEM,
Respondent/Employer-Appellant
(S.P. NO. 03-1-0401)

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In the Matter of the Arbitration Between



UNITED PUBLIC WORKERS, AFSCME, LOCAL 646, AFL-CIO,
Petitioner/Union-Appellee

vs.



CITY AND COUNTY OF HONOLULU, DEPARTMENT OF ENVIRONMENTAL
SERVICES, COLLECTIONS SYSTEM
(Grievance of A_P_re: submittal to
alcohol breathalyzer test; Section 11 and 63; CZ-02-25; 2002-42),
Respondents/Appellants
(S.P. NO. 03-1-0400)




CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(S.P. NOS. 03-1-0401 and 03-1-0400)




ORDER
(By: Duffy J.)

Upon consideration of Petitioner/Union-Appellee United Public Workers, AFSCME, Local 646, AFL-CIO's Motion to Dismiss City's Appeal and for Order of Remand to Circuit Court for Further Proceedings on Backpay, the papers in support and in response, and the record herein,

IT IS HEREBY ORDERED that the motion is dismissed inasmuch as the application for writ of certiorari was dismissed as improvidently accepted.

DATED: Honolulu, Hawai‘i, October 26, 2007.



Herbert R. Takahashi
and Rebecca L. Covert
for petitioner/union-
appellee on the motion

John S. Mukai,
Deputy Corporation Counsel,
for respondent/employer-
appellant on the response