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. [L 1967, c 18, pt of 2; HRS 379-2; gen ch 1985]

 

Case Notes

 

Plaintiff had standing to seek declaratory judgment that all [paragraphs] of this [section] were unconstitutional or preempted, where, inter alia, plaintiff's interests were adversely impacted by the application of paragraphs (1) and (3), since plaintiff could be prosecuted under Hawaii law for criminal conspiracy under these paragraphs. 82 F. Supp. 2d 1151 (2000), amended, 103 F. Supp. 2d 1233 (2000).

Section unenforceable as it applies to private employers covered by National Labor Relations Act (NLRA) and private third party employment or recruitment agencies in their dealings with employers covered by NLRA. 82 F. Supp. 2d 1151 (2000), amended, 103 F. Supp. 2d 1233 (2000).

 

 

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