STAND. COM. REP. NO.257

Honolulu, Hawaii

, 2001

RE: S.B. No. 729

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Labor, to which was referred S.B. No. 729 entitled:

"A BILL FOR AN ACT RELATING TO LABOR DISPUTES,"

begs leave to report as follows:

The purpose of this measure is to make the act of an employer who permanently replaces an employee involved in a labor dispute punishable by a civil fine.

The measure would not be applicable to employees who voluntarily tender a resignation.

Testimony in support of the measure was received from the Hawaii Nurses' Association and the United Public Workers union.

Your Committee finds that the measure enables any person to initiate a civil action against an employer who permanently replaces an employee involved in a labor dispute. Unlawful actions covered under the measure include advertising or soliciting for permanent replacement employees.

Your Committee also finds that if the employer is found in violation, the employer would be liable to each person who accepts employment as a permanent replacement employee for actual damages and a penalty of $1,000.

Your Committee believes that the measure adequately protects the rights of employees engaged in a lawful dispute with their employer.

As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 729 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Labor,

____________________________

BOB NAKATA, Chair