2006 NAC 139 Board of Regents, University of Hawaii and University of Hawaii Professional Assembly

Title: Board of Regents, University of Hawaii and University of Hawaii Professional Assembly
Date: 2006
Arbitrator: Michael Nauyokas
Citation: 2006 NAC 139

BEFORE ARBITRATOR MICHAEL F. NAUYOKAS

STATE OF HAWAII

In the Matter of the Arbitration Between

UNIVERSITY OF HAWAII PROFESSIONAL ASSEMBLY,

Union,

and

BOARD OF REGENTS, UNIVERSITY OF HAWAII,

Employer.

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Grievance of Paul Sherard

    ARBITRATOR’S PARTIAL FINAL
   AWARD GRANTING IN PART AND
   DENYING IN PART UNION’S MOTION
   FOR PROVISIONAL REMEDIES

ARBITRATOR’S PARTIAL FINAL AWARD
GRANTING IN PART AND DENYING IN PART
UNION’S MOTION FOR PROVISIONAL REMEDIES

The Arbitrator heard the UNION’S MOTION FOR PROVISIONAL REMEDIES in the Arbitration of Paul Sherard (“Grievant”) on January 13, 2006, in Honolulu, Hawaii. Wade C. Zukeran, Esq., appeared for the UNIVERSITY OF HAWAII PROFESSIONAL ASSEMBLY (“Union”) and Trisha M. Kimura, Esq., appeared for the BOARD OF REGENTS, UNIVERSITY OF HAWAII (“Employer”). After carefully reviewing the motion, and the supporting and opposing memoranda, voluminous exhibits, and hearing the arguments of counsel, the Arbitrator grants in part and denies in part the Motion for Provisional Remedies.

The Arbitrator finds that the Union has met the requirements of a mandatory injunction as to its request for immediate reinstatement of Grievant’s medical benefits until the final

arbitration award. The Grievant is awarded medical benefits immediately. The Employer may satisfy the award by providing Grievant with:

1. Single coverage medical insurance policy that includes mental health care and prescription drugs. Employer must pay the employer and employee’s portion of the premium; or

2. Directly pay Grievant’s mental health visits, medical tests and prescription drugs necessary to treat and control his bipolar disorder.

The Employer will comply with the Arbitrator’s award by providing Grievant with either option 1 or 2 as described above.

The Arbitrator finds that the Union has not met the requirements of a mandatory injunction as to its request for immediate reinstatement of Grievant’s employment. The Union’s Motion for provisional remedy to immediately reinstate Grievant is denied.

The Union or the Employer may petition to confirm or vacate this decision pursuant to Hawaii Revised Statutes, Chapter 658A (Supp. 2004) to the Circuit Court of the Third Circuit, State of Hawaii.