Terence Ignacio v. County of Hawaii Police Dept.

MEMORANDUM

Plaintiff Terence Ignacio appeals the district court’s entry of summary judgment in favor of defendants on his state law and § 1983 claims related to his termination from probationary employment as a police officer. We affirm.

1. The district court did not err in dismissing Ignacio’s state law claims. Haw.Rev.Stat. § 89-14 vests in the Hawaii Labor Relations Board exclusive original jurisdiction over claims alleging prohibited practices under a collective bargaining agreement (CBA). See Hawaii State Teachers Ass’n v. Abercrombie, 126 Hawai'i 318 , 271 P.3d 613 , 617 (2012). Each of Ignacio’s state law claims alleges a CBA violation and Ignacio concededly did not file a complaint before the Board. Therefore, Ignacio’s state law claims remain under the Board’s exclusive, primary jurisdiction. Ignacio has not attempted to exhaust his administrative remedy.

2. The district court also did not err in denying Ignacio’s procedural due process claim brought under 42 U.S.C. § 1983 . An at-will probationary employee does not possess a due process property entitlement to continued employment. See Bollow v. Fed. Reserve Bank of S.F., 650 F.2d 1093, 1098 (9th Cir.1981); see also…