No. 27304 (Feb, 26, 2009)
Opinion pdf
OPINION OF THE COURT BY NAKAMURA, J.
In this secondary appeal, Si-Nor, Inc. (Si-Nor) appeals from the April 20, 2005, Final Judgment entered in Civil Nos. 04-1-1844 and 04-1-1847 in favor of the Director of the Department of Labor and Industrial Relations (Director). The Circuit Court of the First Circuit (circuit court) ruled that it lacked jurisdiction to hear the consolidated appeals because the Hawai'i Labor Relations Board (HLRB), which issued the underlying decision, lacked jurisdiction to hear the case. The circuit court concluded that the HLRB lacked jurisdiction because Si-Nor did not file a notice contesting the citation issued by the Director in a timely manner.
We hold that the circuit court erred in dismissing the consolidated appeals for lack of jurisdiction. Si-Nor submitted a notice of contest by facsimile transmission which was received by the Director one day before the filing deadline. The next day, Si-Nor mailed an original notice of contest before the expiration of the deadline which apparently was not received by the Director. Si-Nor subsequently mailed a substitute notice of contest which was received by the Director one week after the deadline. We conclude that although Si-Nor's submission of the notice of contest by facsimile transmission did not constitute a timely filing, Si--Nor satisfied the filing requirement by mailing an original notice of contest before the filing deadline. Thus, the HLRB and in turn the circuit court had jurisdiction over this case.
Concurring and dissenting opinion by Fujise, J. pdf
