Park

MEMORANDUM **

Plaintiff Michael A. Park appeals from the district court’s grant of summary judgment in favor of Defendants. We affirm.

1. Plaintiffs state law claim for negligent investigation is preempted by § 301 of the Labor-Management Relations Act (“LMRA”), 29 U.S.C. § 185 , because the duty to investigate comes from the collective bargaining agreement. Hawaii Administrative Rule § 12-60-2(b)(l)(B)(viii) does not create an independent, statutory *345 standard of care. See Lee v. Corregedore, 83 Hawaii 154 , 925 P.2d 324, 343 (1996) (stating that a statute must prohibit or proscribe conduct in order to form the basis for a statutory standard of care). Even if it did, Plaintiffs claim relates to his termination, not to the health and safety objectives that the regulation targets. See Haw.Rev.Stat. § 396-2 (stating the purposes of the health and safety law).

2. Summary judgment was properly granted on Plaintiffs defamation claim. The statements made in judicial and administrative proceedings were related to Plaintiffs misconduct and termination and therefore fell within the absolute litigation privilege. See McCarthy v. Yempuku, 5 Haw.App. 45, 678 P.2d 11, 14 (1984)…