Labor and Industrial Relations

This bill codifies each citizen's right to gainful employment
regardless of nonmembership in any labor organization.

THE SENATE                              S.B. NO.           107
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 377, Hawaii Revised Statutes, is amended
 2 by adding a new part to be appropriately designated and to read
 3 as follows:
 4      "000-1  Definitions.  In this Part, unless the context
 5 otherwise requires:
 6      (a) "Labor organization" means any organization of any kind,
 7 or any agency or employee representation committee or plan, in
 8 which employees participate and which exists for the purpose, in
 9 whole or in part, of dealing with employers concerning
10 grievances, labor disputes, wages, rates of pay, hours of
11 employment or other conditions of employmednt.
12      (b) "Person" includes a natural person, a corporation,
13 association, company, firm or labor organization.
14      000-2  Prohibition of agreements denying employment because
15 of nonmembership in labor organization.  No person shall be
16 denied the opportunity to obtain or retain employment because of
17 nonmembership in a labor organization, nor shall the state or any
18 subdivision thereof, or any corporation, individual, or
19 association of any kind, enter into an agreement, written or
20 oral, which excludes a person from employment or continuation of

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 1 employment because of nonmembership in a labor organization.
 2      000-3  Illegality of acts or agreements violating article;
 3 strike or picketing for illegal purpose.  Any act or provision in
 4 an agreement which is in violation of this article is illegal and
 5 void.
 6      000-4  Prohibition of threatened or actual interference
 7 with a person, his family or property to compel that person to
 8 join a labor organization, strike, or leave employment.  It is
 9 unlawful for an employee, labor organization, or officer, agent
10 or member thereof, by any directly or indirectly threatened or
11 actual interference with the person, his or her immediate family
12 or his property, to compel or attempt to compel such person to
13 join a labor organization, to strike against his or her will, to
14 leave his employment, or to disuade him or her from crossing the
15 picket line.
16      000-5  Prohibition of conspiracy to induce persons to
17 refuse to work with persons not members of labor organization.  A
18 combination or conspiracy by two or more persons to cause the
19 discharge of any person or to cause him to be denied employment
20 because he is not a member of a labor organization by inducing or
21 attempting to induce any other person to refuse to work with such
22 person, is illegal.
23      000-6  Civil liability of person violating article.  A

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 1 person who violates any provision of this article, or who enters
 2 into an agreement containing a provision declared illegal by this
 3 article, or who brings about the discharge of or denial of
 4 employment to any person because of nonmembership in a labor
 5 organization shall be liable to the person injured as the result
 6 of such act or provision and may be sued therefor, and in such
 7 action, any labor organization, subdivision, or local thereof,
 8 shall be bound by the acts of its duly authorized agents acting
 9 within the scope of their authority, and may sue or be sued in
10 its common name.
11      000-7  Injunctive relief from injury resulting from
12 violation of article.  A person injured or threatened with  any
13 type of injury or loss by an act declared illegal by this article
14 shall, notwithstanding any other provision of law to the
15 contrary, be entitled to injunctive relief therefrom."
16      SECTION 2.  Chapter 377, Hawaii Revised Statutes, is amended
17 by designating Sections 377-1 through 377-19 as a Part I,
18 entitled "General Provisions".
19      SECTION 3.  Section 377-4, Hawaii Revised Statutes, is
20 amended to read as follows:
21      "377-4 Rights of employees.  Employees shall have the
22 right of self-organization and the right to form, join, or assist
23 labor organizations, to bargain collectively through

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 1 representatives of their own choosing, and to engage in lawful,
 2 concerted activities for the purpose of collective bargaining or
 3 other mutual aid or protection, and such employees shall also
 4 have the right to refrain from any and all such activities.[,
 5 provided that employees may be required to join a union under an
 6 all-union agreement as provided in section 377-6(3).]"
 7      SECTION 4.  Section 377-4.5, Hawaii Revised Statutes, is
 8 amended to read as follows:
 9      "[377-4.5  Religious exemption from labor organization
10 membership.  Notwithstanding any other provision of law to the
11 contrary, any employee who is a member of and adheres to
12 established and traditional tenets or teachings of a bona fide
13 religion, body, or sect which has historically held conscientious
14 objections to joining or financially supporting labor
15 organizations shall not be required to join or financially
16 support any labor organization as a condition of employment;
17 except that an employee may be required in a contract between an
18 employees' employer and a labor organization in lieu of periodic
19 dues and initiation fees, to pay sums equal to the dues and
20 initiation fees to a nonreligious, nonlabor organization
21 charitable fund exempt from taxation under section 501(c)(3) of
22 the Internal Revenue Code, chosen by an employee from a list of
23 at least three funds, designated in the contract or if the

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 1 contract fails to designate any funds, then to any fund chosen by
 2 the employee.  If any employee who holds conscientious objections
 3 pursuant to this section requests the labor organization to use
 4 the grievance-arbitration procedure on the employee's behalf, the
 5 labor organization is authorized to charge the employee for the
 6 reasonable cost of using the procedure.]
 7      SECTION 5.  Section 377-6, Hawaii Revised Statutes, is
 8 amended to read as follows:
 9      "377-6 Unfair labor practices of employers.  It shall be
10 an unfair labor practice for an employer individually or in
11 concert with others:
12      (1)  To interfere with, restrain, or coerce the employer's
13           employees in the exercise of the rights guaranteed in
14           section 377-4 beyond that which is allowed under Part
15           II of this Chapter;
16      (2)  To initiate, create, dominate, or interfere with the
17           formation or administration of any labor organization
18           or contribute financial support to it, but an employer
19           shall not be prohibited from reimbursing employees at
20           their prevailing wage rate for time spent conferring
21           with the employer, nor from cooperating with
22           representatives of at least a majority of the
23           employer's employees in a collective bargaining unit,

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 1           at their request, by permitting employee organizational
 2           activities on employer premises or the use of employer
 3           facilities where the activities or use create no
 4           additional expense to the employer;
 5      (3)  To encourage or discourage membership in any labor
 6           organization by discrimination in regard to hiring,
 7           tenure, or other terms or conditions of employment.  An
 8           employer, however, may enter into an all-union
 9           agreement with the bargaining representative of the
10           employer's employees in a collective bargaining unit,
11           unless the board has certified that at least a majority
12           of the employees have voted to rescind the authority of
13           their bargaining representative to negotiate such all-
14           union agreement within one year preceding the date of
15           the agreement.  No employer shall justify any
16           discrimination against any employee for nonmembership
17           in a labor organization. [if the employer has
18           reasonable grounds for believing that:
19           (A)  Such membership was not available to the employee
20                on the same terms and conditions generally
21                applicable to other members;
22           (B)  Or that membership was denied or terminated for
23                reasons other than the failure of the employee to

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 1                tender periodic dues and the initiation fees
 2                uniformly required as a condition for acquiring or
 3                retaining membership;]
 4      (4)  To refuse to bargain collectively with the
 5           representative of a majority of the employer's
 6           employees in any collective bargaining unit provided
 7           that if the employer has good faith doubt that a union
 8           represents a majority of the employees, the employer
 9           may file a representation petition for an election and
10           shall not be deemed guilty of refusal to bargain;
11      (5)  To bargain collectively with the representatives of
12           less than a majority of the employer's employees in a
13           collective bargaining unit, or to enter into an all-
14           union agreement except in the manner provided in
15           paragraph (3);
16      (6)  To violate the terms of a collective bargaining
17           agreement;
18      (7)  To refuse or fail to recognize or accept as conclusive
19           of any issue in any controversy as to employment
20           relations the final determination of the board or of
21           any tribunal of competent jurisdiction;
22      (8)  To discharge or otherwise discriminate against an
23           employee because the employee has filed charges or

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 1           given information or testimony under the provisions of
 2           this chapter;
 3      (9)  To deduct labor organization dues or assessments from
 4           an employee's earnings, unless the employer has been
 5           presented with an individual order therefor, signed by
 6           the employee personally;
 7     (10)  To employ any person to spy upon employees or their
 8           representatives respecting their exercise of any right
 9           created or approved by this chapter;
10     (11)  To make, circulate, or cause to be circulated a
11           blacklist;
12     (12)  To offer or grant permanent employment to an individual
13           for performing work as a replacement for a bargaining
14           unit member during a labor dispute; or
15     (13)  Based on employment or willingness to be employed
16           during a labor dispute, to give employment preference
17           to one person over another who:
18           (A)  Was an employee at the commencement of the
19                dispute;
20           (B)  Exercised the right to join, assist, or engage in
21                lawful collective bargaining or mutual aid or
22                protection through the labor organization engaged
23                in the dispute; and

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 1           (C)  Continues to work for or has unconditionally
 2                offered to return to work for the employer." 
 3      SECTION 6.  Statutory material to be repealed is bracketed.
 4 New statutory material is underscored.
 5      SECTION 7.  This Act shall take effect upon its approval.
 7                           INTRODUCED BY:  _______________________