Electronically Filed

Supreme Court

30052

27-JAN-2012

02:14 PM

NO. 30052

IN THE SUPREME COURT OF THE STATE OF HAWAI'I HAWAII STATE TEACHERS ASSOCIATION and UNITED PUBLIC WORKERS,

AFSCME, Local 646, AFL-CIO,

Plaintiffs-Appellants/Appellees/Cross-Appellants,

vs. NEIL ABERCROMBIE, Governor, State of Hawai'i; BARBARA A. KRIEG, Interim Director, Department of Human Resources Development, State of Hawai'i; and KALBERT K. YOUNG, Director, Department of Budget and Finance, State of Hawai'i; Doe Defendants 1-10,

Defendants-Appellees/Appellants/Cross-Appellees.

APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 09-1-1372)

ORDER OF CORRECTION TO THE MAJORITY OPINION

(By: Nakayama, Acting C.J., and Duffy, J., Circuit Judge Ahn in place of Moon, C.J., recused and retired, and Circuit Judge Lee in place of Recktenwald, J., recused)

The majority opinion of the court filed on January 17, 2012, is amended as follows:

1. Page 4, line 3:

Replace the word “is” with “was” so that, as corrected, the line reads: Hanneman, 106 Hawai'i 359, 105 P.3d 236 (2005), was inapposite;

2. Page 7, line 4 from the bottom:

Replace the word “is” with “was” and delete the quotation marks before and after the word “inapposite” so that, as corrected, the line reads: Hanneman, 106 Hawai'i 359, 105 P.3d 236 (2005) was inapposite;

3. Page 11, line 9 from the bottom:

Insert the word “to” after the word “failing” so that, as corrected, the line reads: court erred by failing to allow the HLRB to decide the issues

The Clerk of the Court is directed to take all necessary steps to notify the publishing agencies of these changes.

DATED: Honolulu, Hawai' January 27, 2012.

i,

/s/ Paula A. Nakayama

/s/ James E. Duffy, Jr.

/s/ Karen S. S. Ahn

/s/ Randal K. O. Lee

2