Yang v. Fink

── Yang v. Fink ── Court: Hawaii Intermediate Court of Appeals Date: May 12, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 12-MAY-2026 07:48 AM Dkt. 50 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I HENRY Y. YANG, M.D., Complainant-Appellant-Appellant v. KENNETH S. FINK, M.D., Director of the Department of Health, State of Hawai#i, Respondent-Appellee-Appellee, and HAWAI#I LABOR RELATIONS BOARD, State of Hawai#i, Agency-Appellee APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CASE NO. 3CC191000208) SUMMARY DISPOSITION ORDER (By: Nakasone, Chief Judge, Leonard and Hiraoka, JJ.) Henry Y. Yang, M.D. appeals from the Final Judgment for the Hawai#i Department of Health and its director, Kenneth S. Fink, M.D.1 (together, DOH) entered by the Circuit Court of the Third Circuit.2 The Final Judgment affirmed an order by the Hawai#i Labor Relations Board (HLRB) dismissing Yang's prohibited practice complaint against DOH. We affirm. Yang submitted a declaration to the HLRB stating these facts: He is a psychiatrist. DOH hired him as a half-time clinical psychiatrist in May 2008. He and another DOH half-time 1 Kenneth S. Fink, M.D., the current director of the Department of Health, is substituted for former director Bruce Anderson, Ph.D., under Rule 43(c)(1) of the Hawai#i Rules of Appellate Procedure. 2 The Honorable Wendy M. DeWeese presided.  NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER clinical psychiatrist each worked forty hours every other week. In March 2009 DOH and the Hawaii Government Employees Association (HGEA) agreed to include him as an exempt employee in Bargaining Unit 13. In January 2011 Yang and his colleague agreed it would be in their patients' best interest for them to work every week, twenty hours each. On February 7, 2011 DOH required him to return to working forty hours every other week. He sent a letter reminding DOH it had approved of his twenty-hours per week schedule. On May 2, 2011, DOH threatened him with termination if he didn't return to working forty hours every other week. DOH terminated his employment on May 31, 2011. He met with HGEA's Unit 13 business agent that day. The business agent said she hadn't heard about Yang's situation. The record contains a letter from Yang to DOH dated May 31, 2011, stating: "I am placing you on notice that I do not waive any and all collective bargaining agreement remedies and any remedies provided by law[.]" Yang's declaration continues: On July 1, 2011, he met with representatives of DOH and the Hilo Medical Center. He was told that DOH was transferring responsibility for clinical psychiatric care to Hilo Medical Center. On November 25, 2011, Yang filed a prohibited practice complaint against DOH with the HLRB. DOH moved to dismiss the complaint. The HLRB heard arguments on the motion on January 19, 2012. Nothing happened for seven years. Then, on May 8, 2019, the HLRB issued a Proposed Order granting DOH's motion to dismiss. Yang submitted exceptions. The HLRB heard arguments on the exceptions. On July 2, 2019, the HLRB issued its Final Order Adopting Proposed Order Granting Respondent's Motion to Dismiss Prohibited Practice Complaint. Yang appealed the Final Order to the circ