REPORT TITLE:
Labor Disputes


DESCRIPTION:
Authorizes civil actions for violations of law regarding hiring
employees during labor disputes.  Prohibits an employer from
permanently replacing an employee involved in a labor dispute
unless the employee has voluntarily resigned.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2772
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO LABOR DISPUTES.
 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 379, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "379-    Civil actions.  (a)  Any person shall be entitled
 
 5 to bring an action on behalf of the public in any court of
 
 6 competent jurisdiction to enjoin a violation of this chapter.
 
 7      (b)  Whoever advertises or solicits in violation of section
 
 8 379-3 shall be liable to each person who accepts employment in
 
 9 response to the advertisement or solicitation for actual damages,
 
10 if any, and a civil penalty of $1,000.
 
11      (c)  A prevailing plaintiff in an action under subsection
 
12 (a) or (b) shall be entitled to recover reasonable attorney's
 
13 fees and costs."
 
14      SECTION 2.  Section 379-2, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "379-2 Unlawful practices.  It shall be unlawful for any
 
17 person:
 
18      (1)  To recruit, procure, supply, or refer any person for
 
19           employment in place of an employee involved in a labor
 

 
Page 2                                                     2772
                                     H.B. NO.           
                                                        
                                                        

 
 1           dispute in which the person recruiting, procuring,
 
 2           supplying, or referring is not directly interested[.];
 
 3      (2)  When involved in a labor dispute, to employ in place of
 
 4           an employee involved in such labor dispute any person
 
 5           who customarily and repeatedly offers oneself for
 
 6           employment in the place of employees involved in a
 
 7           labor dispute, or to knowingly employ any person in
 
 8           place of an employee involved in a labor dispute who is
 
 9           recruited, procured, supplied, or referred for
 
10           employment by any person not directly involved in the
 
11           labor dispute[.];
 
12      (3)  Who customarily and repeatedly offers oneself for
 
13           employment in place of employees involved in a labor
 
14           dispute to take or offer to take the place in
 
15           employment of employees involved in a labor dispute[.];
 
16      (4)  Involved in a labor dispute to contract or arrange with
 
17           any other person to recruit, procure, supply, or refer
 
18           persons for employment in place of employees involved
 
19           in the labor dispute[.]; or 
 
20      (5)  To permanently replace an employee involved in a labor
 
21           dispute unless that employee has voluntarily tendered a
 
22           resignation."
 
23      SECTION 3.  Statutory material to be repealed is bracketed.
 

 
Page 3                                                     2772
                                     H.B. NO.           
                                                        
                                                        

 
 1 New statutory material is underscored.
 
 2      SECTION 4.  This Act shall take effect upon its approval.
 
 3 
 
 4                       INTRODUCED BY:  ___________________________