In re International Brotherhood of Painters and Allied Trades, Drywall Tapers, Finishers & Allied Workers Local Union 1944, AFL-CIO v. Befitel, Director of Labor and Industrial Relations

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* * * 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. 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. * * * FOR PUBLICATION * * * 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 2

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