reglab/housing_qa huggingface dataset:
HI Rev Stat § 381-4 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|381. Labor Disputes; Public Utilities|381-4 Appointment of emergency board.

  §381-4 Appointment of emergency board. Following receipt of a notice of impasse from either party as specified in section 381-3, the director of labor and industrial relations shall forthwith request each of the parties to designate in writing within five days a person to serve as a member of an emergency board. The designation shall be filed in writing with the director. The person designated by the public utility employer shall not be an officer or director of the company or other person normally acting in an official capacity with the utility, and the person named by the employees shall not be an employee of the utility or a representative of its employees. The two persons so appointed shall within three days select an impartial person to serve with them on the emergency board. The third person so selected shall act as chairperson. If either the public utility employer or the employees fail to designate a member of the board, or if the two designated members fail to agree upon a third, the governor shall, within twelve days after the director has requested the parties to appoint members to the board, appoint such member or members.  Members of the board shall receive compensation at the rate of $15 for each day actually spent by them in the work of the board, together with necessary travel and subsistence expense. Payment shall be made by the director out of funds made available to the department of labor and industrial relations, and upon request of the board the department shall furnish necessary stenographic services. [L 1949, c 146, pt of §1; RL 1955, §91-5; HRS §381-4; gen ch 1993]
HI Rev Stat § 381-5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|381. Labor Disputes; Public Utilities|381-5 Hearings; report.

  §381-5 Hearings; report. The emergency board shall notify the employer and the employees or their representatives of the time and place for commencement of hearings, which hearings shall commence within five days from the date the board has been constituted. The board shall ascertain the facts of the controversy and shall use its best efforts by mediation to bring the parties into agreement.  The board shall hold such meetings as it deems necessary or proper for a period not longer than twenty days from the date the hearings commenced; provided that the twenty-day period may be extended from time to time by the board with the written consent of the parties, a copy of which consent shall be filed with the director of labor and industrial relations.  Within three days from the date of termination of the hearings, the board shall submit to the governor a written report setting forth findings of fact and stating the position of each of the parties as to each issue on which agreement has been reached and as to each issue still in dispute at the time of termination of the hearings. Within five days from the receipt of the findings of the board and if no agreement is reached during this period, the governor shall make the findings of the board public. [L 1949, c 146, pt of §1; RL 1955, §91-6; HRS §381-5]
HI Rev Stat § 381-6 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|381. Labor Disputes; Public Utilities|381-6 Powers of board; evidence, witnesses; process by mail, etc.

  §381-6 Powers of board; evidence, witnesses; process by mail, etc. The emergency board may hold hearings at any place within the State, subpoena witnesses and compel their attendance, compel the production of books and papers, administer oaths, take testimony, and receive evidence.  In case of contumacy or refusal to obey a subpoena issued to any person, the circuit court of any judicial circuit within the jurisdiction of which the inquiry is carried on, upon application by the board, shall have jurisdiction to issue an order requiring such person to appear before the board, to compel the production of papers, to produce evidence, or to give testimony touching the matter in question. Failure to obey any such order may be punished by the court as a contempt thereof.  Process and papers of the board may be served either personally or by registered mail or by radiogram or by leaving a copy thereof at the principal office or place of business of the person to be served. Return by the individual serving the same setting forth the manner of the service, return post office receipt or radiogram receipt shall be proof of service of the same. [L 1949, c 146, pt of §1; RL 1955, §91-7; HRS §381-6] Cross References  Mailing of process, see §1-28.  Oaths, subpoenas, see § §1-21, 92-16, 603-21.9, 621-1, and 621-12. Rules of Court  Oaths, subpoenas, see HRCP rules 43(d), 45.
HI Rev Stat § 381-7 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|381. Labor Disputes; Public Utilities|381-7 Status quo maintained.

  §381-7 Status quo maintained. After the notice required by section 381-3 is filed with the director of labor and industrial relations and until ten days after the report of the emergency board has been filed with the governor, no change in wages, hours, or other terms and conditions of employment prevailing before the actual or proposed change out of which the dispute arose shall be made by the public utility employer named in the notice, except by agreement of the parties.  The employer involved in the dispute shall be free to make such changes in operations of personnel as are consistent with the operation of its business provided that if written objection to any such change is filed by the employees with the director, the change shall require the approval of the director. [L 1949, c 146, pt of §1; RL 1955, §91-8; HRS §381-7]
HI Rev Stat § 381-8 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|381. Labor Disputes; Public Utilities|381-8 Procedure where dispute not resolved.

  §381-8 Procedure where dispute not resolved. For the ten-day period after the report of the emergency board has been filed with the governor, there shall be no strike or lockout. If no agreement is reached within the ten-day period, then at any time within a further period of twenty days, the representative of the employees may call the employees out on strike, or if the employees are unrepresented, the employees may proceed to go out on strike, and the public utility shall be free to lock out.  If during this period of twenty days a strike is not called or the employees fail to go on strike or the public utility does not engage in a lockout, there shall be no strike or lockout for a further period of thirty days.  If the parties fail to reach agreement within the thirty-day period, the employees shall thereafter be free to strike and the public utility to lock out, but not until notice of intent is first filed with the director of labor and industrial relations and ten days elapse from the date the notice is filed. The notice of intent may not be filed until the expiration of the thirty-day period. [L 1949, c 146, pt of §1; RL 1955, §91-9; HRS §381-8]
HI Rev Stat § 381-9 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|381. Labor Disputes; Public Utilities|381-9 Strikes and lockouts prohibited, when.

  §381-9 Strikes and lockouts prohibited, when. (a) It shall be unlawful for any employees of a public utility to call a strike or go out on strike causing or threatening to cause an interruption of public utility service, or for any public utility to lock out its employees when the action would cause or threaten to cause an interruption of public utility service, except as the action may be taken in compliance with this chapter.  (b) It shall be unlawful for any person or persons to instigate, induce, or encourage any other person or persons to engage in any strike or lockout that would cause an interruption of public utility service in violation of this chapter.  (c) During the term of any collective bargaining agreement, there shall be no lockout by the public utility and there shall be no strike on the part of any employees covered by the agreement, except where:  (1) A dispute arises under the agreement concerning the interpretation or application of the terms of the collective bargaining agreement, and the agreement contains no procedure for the settlement of the dispute; or  (2) In accordance with the terms of the collective bargaining agreement, the parties undertake negotiations for a new agreement or an amendment of the existing agreement pursuant to specific designation in the agreement of a certain time or period for the negotiations, no agreement has been reached at the expiration of the time or period, and the agreement does not prohibit strikes or lockouts following the negotiation and failure to arrive at agreement; provided that the provisions of this chapter for settlement of disputes have first been complied with. [L 1949, c 146, pt of §1; RL 1955, §91-10; HRS §381-9; am L 2016, c 55, §8]
HI Rev Stat § 381-10 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|381. Labor Disputes; Public Utilities|381-10 Injunction.

  §381-10 Injunction. In the event any public utility employer or any employees of a public utility are found to be violating or failing to comply with the requirements of this chapter or there is reasonable cause to believe that the employer or employees are violating or failing to comply with such requirements, the attorney general, at the attorney general's own instance or at the request of the director of labor and industrial relations, shall institute appropriate proceedings in the circuit in which the violation occurs to enjoin the performance of any acts or practices forbidden by this chapter, or to require the employer or employees to comply with the requirements of this chapter. Jurisdiction to hear and dispose of all actions under this section is hereby conferred upon each circuit judge, and each such judge may issue such orders and decrees, by way of injunction, mandatory injunction or otherwise, as may be appropriate to enforce this chapter. All such suits shall be brought in the name of the State by the attorney general. The county attorney of each county shall, at the request of the attorney general, conduct such proceedings in behalf of the State. [L 1949, c 146, pt of §1; RL 1955, §91-11; HRS §381-10; gen ch 1985] Cross References  Injunctions, see §603-23. Rules of Court  Injunctions, see HRCP rule 65. Attorney General Opinions  The public utilities commission may not order the Honolulu Rapid Transit Co. to resume service while the company's drivers are on strike and while the collective bargaining negotiations are in process. Att. Gen. Op. 67-7.
HI Rev Stat § 381-11 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|381. Labor Disputes; Public Utilities|381-11 Penalties.

  §381-11 Penalties. Any public utility calling or causing a lockout in violation of section 381-9, or otherwise contrary to this chapter, or without giving the notice required by sections 381-3 and 381-8, shall be fined not more than $5,000 or, in the case of an individual, fined not more than $5,000 or imprisoned not more than six months.  Any employee calling a strike or going out on strike in violation of section 381-9, or otherwise contrary to this chapter, or without giving the notice required by sections 381-3 and 381-8, shall be fined not more than $100 or imprisoned not more than six months.  Any person instigating, inducing, or encouraging any strike or lockout in violation of section 381-9, or otherwise contrary to this chapter, shall be fined not more than $100 or imprisoned not more than six months.  The penalties provided by this section shall apply to any individual, person, corporation, or association, whether acting as principal, agent, officer, director, for oneself, or itself, or for another person. [L 1949, c 146, pt of §1; RL 1955, §91-12; HRS §381-11; gen ch 1985] Cross References  Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
HI Rev Stat § 381-12 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|381. Labor Disputes; Public Utilities|381-12 Employee need not work involuntarily.

  §381-12 Employee need not work involuntarily. Nothing in this chapter shall be construed to require an individual employee to render labor or service without the individual employee's consent, nor shall anything in this chapter be construed to make the quitting of the individual employee's labor or service by an individual employee an illegal act. [L 1949, c 146, pt of §1; RL 1955, §91-13; HRS §381-12; gen ch 1985]
HI Rev Stat § 381-13 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|381. Labor Disputes; Public Utilities|381-13 Labor organizations, collective bargaining.

  §381-13 Labor organizations, collective bargaining. Nothing in this chapter shall be construed to impair, curtail, or destroy the rights of employees and their representatives to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection; provided that in so doing this chapter, when applicable, shall be followed and complied with. [L 1949, c 146, pt of §1; RL 1955, §91-14; HRS §381-13]
HI Rev Stat § 381-14 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|381. Labor Disputes; Public Utilities|381-14 Law as exercise of police power.

  §381-14 Law as exercise of police power. This chapter shall be deemed an exercise of the police power of the State for the protection of the public welfare, safety, prosperity, health, and peace of the people; and all of the provisions of the chapter shall be liberally construed for the accomplishment of such purposes. [L 1949, c 146, pt of §1; RL 1955, §91-15; HRS §381-14]
HI Rev Stat § 382-1 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|382. Labor Disputes; Stevedoring Industry|382-1 Definitions.

  §382-1 Definitions. As used in this chapter unless the context clearly indicates otherwise:  "Company" and "stevedoring company" mean any persons engaged in the stevedoring industry as an employer whether in the business of furnishing stevedoring services or related services or both.  "Employee" means any person employed by an employer.  "Employer" means any person who employs the services of employees in the stevedoring industry, but shall not include the State or any agency thereof.  "Industrial dispute" and "labor dispute" mean any controversy concerning wages, hours, or other terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange wages, hours, or other terms or conditions of employment.  "Labor organization" means any organization of employees which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning wages, hours, and other terms and conditions of employment.  "Lockout" means the refusal of an employer to furnish work to employees as the result of a labor dispute between the employer and its employees.  "Person" includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, or receivers.  "Related services" means and includes all services, other than stevedoring services, ordinarily or necessarily performed in regard to cargo, goods, wares, and merchandise of every kind arriving at a terminal facility for shipment by or discharge from vessels and other craft; and "related facilities" means and includes all facilities in connection therewith.  "Stevedoring industry" means the business of furnishing services for the loading and unloading of cargo transported or to be transported on vessels and other craft, at any ports within the State, and also means the business of furnishing related services, as herein defined.  "Stevedoring services" means services for the loading and unloading of cargo transported or to be transported on vessels and other craft and the handling of lines of vessels and other craft, at any ports within the State.  "Strike" means the temporary stoppage of work, slowdown, or retarding of production or operations by the concerted action of employees.  "Terminal facility" means any dock, wharf, pier, quay, bulkhead, or landing, with the appurtenances thereto, and any warehouse used in connection therewith. [L 1951, c 209, §2; RL 1955, §92-2; HRS §382-1] Revision Note  Numeric designations deleted and definitions rearranged pursuant to §23G-15. Case Notes  "Labor dispute" referred to. 46 H. 140, 377 P.2d 715 (1962).
HI Rev Stat § 382-2 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|382. Labor Disputes; Stevedoring Industry|382-2 Proclamation of emergency; preparations for government operations.

  §382-2 Proclamation of emergency; preparations for government operations. (a) Whenever the governor finds that the public health, safety, or welfare has been impaired or imperiled and a state emergency created as a result of the interruption in the furnishing of services by the stevedoring industry, whether the interruption has been caused by an industrial dispute or otherwise, the governor may issue a proclamation declaring the existence of the emergency and the governor's intention to exercise the governor's powers under section 382-3.  (b) Before or after the issuance of the proclamation the governor may make such preparations as the governor deems necessary or proper to carry out section 382-3. [L 1951, c 209, §3; RL 1955, §92-3; HRS §382-2; gen ch 1985]
HI Rev Stat § 382-3 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|382. Labor Disputes; Stevedoring Industry|382-3 Government operations.

  §382-3 Government operations. After the issuance of a proclamation pursuant to section 382-2 and during the emergency thereby proclaimed, the governor may seize and take possession of and operate the entire plant and facilities, including related facilities, of any stevedoring company whose operations are suspended or substantially reduced, or so much thereof, or such interest therein, as the governor may deem necessary in order to carry out the purposes of this chapter.  Such government operations may be conducted by the governor through such department or agency of the State as the governor may designate and the governor may delegate to such agency such of the governor's powers as are necessary to conduct the operations.  The governor shall have such power and authority as shall be reasonably necessary to conduct such government operations in a manner consistent with the public health, safety, and welfare, including, without limitation upon the generality of the foregoing, the power to make such contracts and arrangements with ship owners, charterers, agents, and operators, wharf and pier owners and operators, stevedoring companies, trucking operators, warehouse workers and other persons as may be required in order to provide stevedoring services and related services. The governor may make contracts without regard to chapter 103D and sections 103-50, 103-50.5, 103-53, and 103-55 and, specifically, the certificate of the comptroller as to the availability of an unexpended appropriation or balance of an appropriation to cover the amount required by any such contract shall not be required. [L 1951, c 209, pt of §4; RL 1955, §92-4; am L 1957, c 152, §1; HRS §382-3; gen ch 1985; am L Sp 1993, c 8, §57; gen ch 1993; am L 1999, c 149, §26] Note  Section 103-50.5 referred to in text is repealed.
HI Rev Stat § 382-4 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|382. Labor Disputes; Stevedoring Industry|382-4 Employees under government operation.

  §382-4 Employees under government operation. In operating the plant and facilities of each company the governor, so far as possible and to the extent employees are needed, shall employ the personnel employed by the company upon the seizure and taking of possession thereof or immediately prior to the disruption of service by the company, including employees on strike or locked out, if the disruption is due to a strike or lockout. Persons so employed by the governor or otherwise employed by the governor shall not by reason of such employment be or become entitled to civil service, retirement, vacation, or other benefits provided by law for other employees of the State, nor shall they be required to possess the qualifications of other government employees, and no person shall be ineligible for employment by reason of the fact that the person is not a citizen of the United States or a resident of the State; provided that if it is necessary to employ persons who were not theretofore employed by the company, those persons shall possess the residence qualifications prescribed by section 78-1.  The salaries and wage rates of the persons employed by the State shall be the same as those which existed in the industry immediately prior to the disruption of service occasioning the emergency. There shall be no deductions from such salaries and wages except as authorized by law in the case of other state employees. The hours of employment shall be the same as existed in the industry immediately prior to the disruption of service and insofar as possible the other conditions of employment shall be the same as then existed, and neither the governor nor the designated agency shall have authority to enter into negotiations with any such company or with any labor organization for a collective bargaining contract with respect to wages, hours, and other terms and conditions of employment in the industry. All services performed in the employ of the State in government operations under this chapter shall constitute employment for the purposes of chapters 383 and 386 and to the extent of the services the State shall be deemed an employer within the meaning of such chapters and shall make the contributions required of a new employer as prescribed by chapter 383. [L 1951, c 209, pt of §4; RL 1955, §92-5; HRS §382-4; gen ch 1985; am L 2006, c 48, §6]