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.

 

THE SENATE

S.B. NO.

855

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO LABOR DISPUTES.

 

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

SECTION 1. Chapter 379, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§379-   Civil actions. (a) Any person shall be entitled to bring an action on behalf of the public in any court of competent jurisdiction to enjoin a violation of this chapter.

(b) Whoever advertises or solicits in violation of section 379-3 shall be liable to each person who accepts employment in response to the advertisement or solicitation for actual damages, if any, and a civil penalty of $1,000.

(c) A prevailing plaintiff in an action under subsection (a) or (b) shall be entitled to recover reasonable attorney's fees and costs."

SECTION 2. Section 379-2, Hawaii Revised Statutes, is amended to read as follows:

"§379-2 Unlawful practices. It shall be unlawful for any person:

(1) To recruit, procure, supply, or refer any person for employment in place of an employee involved in a labor dispute in which the person recruiting, procuring, supplying, or referring is not directly interested[.];

(2) When involved in a labor dispute, to employ in place of an employee involved in such labor dispute any person who customarily and repeatedly offers oneself for employment in the place of employees involved in a labor dispute, or to knowingly employ any person in place of an employee involved in a labor dispute who is recruited, procured, supplied, or referred for employment by any person not directly involved in the labor dispute[.];

(3) Who customarily and repeatedly offers oneself for employment in place of employees involved in a labor dispute to take or offer to take the place in employment of employees involved in a labor dispute[.];

(4) Involved in a labor dispute to contract or arrange with any other person to recruit, procure, supply, or refer persons for employment in place of employees involved in the labor dispute[.]; or

(5) To permanently replace an employee involved in a labor dispute unless that employee has voluntarily tendered a resignation."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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