The circuit court erred in confirming the Award (and in denying the vacation of the Award) in which the Arbitrator exceeded her power and authority by enforcing a ‘past practice’ in favor of non-supervisory UPW employees to be temporarily assigned [TA] to supervisory HGEA positions, thereby vitiating and rending null and of no force and effect the TA provision of the HGEA collective bargaining agreement that entitled HGEA supervisory employees to be temporarily assigned vacant HGEA positions. In In re Hawaii Organization of Police Officers and Cnty. of Kaua‘i and Kaua‘i Police Dep't, 134 Hawai‘i 155, 338 P.3d 1170 (App. 2014), aff'd on other grounds, 135 Hawai‘i 456, 353 P.3d 998 (2015), we held: The scope of an arbitrator's authority is determined by agreement of the parties. An arbitrator must act within the scope of the authority conferred upon [them] by the parties and cannot exceed [their] power by deciding matters not submitted.
HRS § 89–9 (2012 Repl.) codifies an employer's management rights in the context of collective bargaining negotiations, memoranda of agreement, and memoranda of understanding. HRS § 89–9(d) : see In re Hawai‘i Org. of Police Officers, 134 Hawai‘i 155, 161, 338 P.3d 1170, 1176 (App.2014), aff'd sub nom.[138 Hawai'i 501] In re Grievance Arbitration Between State Org. of Police Officers, 135 Hawai‘i 456, 353 P.3d 998 (2015).
"The doctrine of quasi-estoppel provides ‘that one should not be permitted to take a position inconsistent with a previous position if the result is to harm another.’ " In re Hawaii Org, of Police Officers, 134 Hawai‘i 155, 160, 338 P.3d 1170, 1175 (App. 2014) (quoting Univ. of Hawaii Prof'l Assembly on Behalf of Daeufer v. Univ. of Hawaii, 66 Haw. 214, 221, 659 P.2d 720, 726 (1983) ), aff'd on other grounds sub nom. In re Grievance Arbitration Between State Org, of Police Officers, 135 Hawai‘i 456, 353 P.3d 998 (2015).