Valerie Asato v. Hawaii Government Employees Association, et al.
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).
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