reglab/housing_qa huggingface dataset:
HI Rev Stat § 379-2 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|379. Recruiting and Hiring of Employees During Labor Disputes|379-2 Unlawful practices.

  §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).
HI Rev Stat § 379-3 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|379. Recruiting and Hiring of Employees During Labor Disputes|379-3 Advertising.

  §379-3 Advertising. (a) If any person advertises for, or seeks employees by means of newspapers, posters, letters, radio, television, or by means of any employment agency to work for that person or the person for whom that person is acting at any shop, plant, or establishment, while a labor dispute is still in active progress at the shop, plant, or establishment, that person shall plainly and explicitly mention in the advertisement or solicitation that a labor dispute exists.  (b) The person soliciting or advertising for employees in the manner set forth in this section shall use in the advertisement or solicitation that person's own name, and, if that person is representing another, the name of the person that person is representing and at whose direction and under whose authority the solicitation or advertisement is made. The appearance of this name in connection with the advertisement or solicitation shall be deemed prima facie evidence as to the person responsible for the advertisement or solicitation. [L 1967, c 18, pt of §2; HRS §379-3; am L 2016, c 55, §6] Case Notes  Section not preempted by federal law; among other things, requiring truthful advertising does not affect employer's ability to find replacements. 82 F. Supp. 2d 1151 (2000), amended, 103 F. Supp. 2d 1233 (2000).
HI Rev Stat § 379-4 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|379. Recruiting and Hiring of Employees During Labor Disputes|379-4 Penalty.

  §379-4 Penalty. Any person, or agent, or officer thereof, who violates this chapter is punishable by a fine of not more than $1,000 or imprisonment of not more than one year, or both. [L 1967, c 18, pt of §2; HRS §379-4]
HI Rev Stat § 379A-1 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|379A. Picketing of Residence or Dwelling Place|379A-1 Picketing of residence or dwelling prohibited.

  §379A-1 Picketing of residence or dwelling prohibited. It shall be unlawful for any person to engage in picketing before or about the residence or dwelling place of any individual. Nothing herein shall be deemed to prohibit[:]  (1) The picketing in any lawful manner, during a labor dispute, of the place of employment involved in such labor dispute; or  (2) The holding of a meeting or assembly on any premises commonly used for the discussion of subjects of general public interest. [L Sp 1949, c 8, §2; RL 1955, §300-2; HRS §757-1; ren L 1972, c 9, pt of §1] Revision Note  In the last sentence, (1) and (2) reformatted as paragraphs (1) and (2) pursuant to §23G-15.
HI Rev Stat § 379A-2 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|379A. Picketing of Residence or Dwelling Place|379A-2 Penalty.

  §379A-2 Penalty. Any person violating section 379A-1 shall be fined not more than $200 or imprisoned not more than six months, or both. [L Sp 1949, c 8, §3; RL 1955, §300-3; HRS §757-2; ren L 1972, c 9, pt of §1] Cross References  Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
HI Rev Stat § 380-1 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|380. Labor Disputes; Jurisdiction of Courts|380-1 Court jurisdiction restricted.

  §380-1 Court jurisdiction restricted. No court of the State shall have jurisdiction to issue any restraining order or temporary or permanent injunction in a case involving or growing out of a labor dispute, except in strict conformity with this chapter; nor shall any such restraining order or temporary or permanent injunction be issued contrary to the public policy declared herein. [L 1963, c 200, §1; Supp, §90B-1; HRS §380-1] Rules of Court  Injunctions, see HRCP rule 65. Case Notes  Applicability of this chapter to proceedings under chapter 89, collective bargaining in public employment, discussed. 54 H. 531, 511 P.2d 1080 (1973).
HI Rev Stat § 380-2 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|380. Labor Disputes; Jurisdiction of Courts|380-2 Statement of public policy.

  §380-2 Statement of public policy. In the interpretation of this chapter and in determining the jurisdiction and authority of the courts of the State, as such jurisdiction and authority are defined and limited in this chapter, the public policy of the State is declared as follows:  Whereas under prevailing economic conditions, developed with the aid of governmental authority for owners of property to organize in the corporate and other forms of ownership association, the individual unorganized worker is commonly helpless to exercise actual liberty of contract and to protect the worker's freedom of labor, and thereby to obtain acceptable terms and conditions of employment, wherefore, though the worker should be free to decline to associate with the worker's fellows, it is necessary that the worker have full freedom of association, self-organization, and designation of representatives of the worker's own choosing, to negotiate the terms and conditions of the worker's employment, and that the worker shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; therefore, the following definitions of and limitations upon the jurisdiction and authority of the courts of the State are enacted. [L 1963, c 200, §2; Supp, §90B-2; HRS §380-2; gen ch 1985]
HI Rev Stat § 380-3 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|380. Labor Disputes; Jurisdiction of Courts|380-3 Labor or employer organizations; agreement against.

  §380-3 Labor or employer organizations; agreement against. Any undertaking or promise, such as is described in this section, or any other undertaking or promise in conflict with the public policy declared in section 380-2, is declared to be contrary to the public policy of the State, shall not be enforceable in any court of the State and shall not afford any basis for the granting of legal or equitable relief by any such court, including specifically the following:  Every undertaking or promise hereafter made, whether written or oral, express or implied, constituting or contained in any contract or agreement of hiring or employment between any individual, firm, company, association, or corporation, and any employee or prospective employee of the same, whereby:  (1) Either party to the contract or agreement undertakes or promises not to join, become, or remain a member of any labor organization or of any employer organization; or  (2) Either party to the contract or agreement undertakes or promises that the party will withdraw from an employment relation if the party joins, becomes, or remains a member of any labor organization or of any employer organization. [L 1963, c 200, §3; Supp, §90B-3; HRS §380-3; gen ch 1985]
HI Rev Stat § 380-4 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|380. Labor Disputes; Jurisdiction of Courts|380-4 Acts not subject to restraint.

  §380-4 Acts not subject to restraint. No court of the State shall have jurisdiction to issue any restraining order or temporary or permanent injunction in any case involving or growing out of any labor dispute to prohibit any person or persons participating or interested in the dispute (as these terms are herein defined) from doing, whether singly or in concert, any of the following acts:  (1) Ceasing or refusing to perform any work or to remain in any relation of employment;  (2) Becoming or remaining a member of any labor organization, regardless of any such undertaking or promise as is described in section 380-3;  (3) Paying or giving to, or withholding from, any person participating or interested in such labor dispute, any strike or unemployment benefits or insurance, or other moneys or things of value;  (4) By all lawful means aiding any person participating or interested in any labor dispute who is being proceeded against in, or is prosecuting, any action or suit in any court of the State;  (5) Giving publicity to the existence of, or the facts involved in, any labor dispute, whether by advertising, speaking, patrolling, or by any other method not involving fraud or violence;  (6) Assembling peaceably to act or to organize to act in promotion of their interests in a labor dispute;  (7) Advising or notifying any person of an intention to do any of the acts heretofore specified;  (8) Agreeing with other persons to do or not to do any of the acts heretofore specified; and  (9) Advising, urging, or otherwise causing or inducing without fraud or violence the acts heretofore specified, regardless of any such undertaking or promise as is described in section 380-3. [L 1963, c 200, §4; Supp, §90B-4; HRS §380-4]
HI Rev Stat § 380-5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|380. Labor Disputes; Jurisdiction of Courts|380-5 Concert of acts; effect on jurisdiction.

  §380-5 Concert of acts; effect on jurisdiction. No court of the State shall have jurisdiction to issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a labor dispute constitute or are engaged in an unlawful combination or conspiracy because of the doing in concert of the acts enumerated in section 380-4. [L 1963, c 200, §5; Supp, §90B-5; HRS §380-5]
HI Rev Stat § 380-6 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|380. Labor Disputes; Jurisdiction of Courts|380-6 Liability of association, officers, members.

  §380-6 Liability of association, officers, members. No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute, shall be held responsible or liable in any court of the State for the unlawful acts of individual officers, members, or agents, except upon clear proof of actual participation in, or actual authorization of, such acts or of ratification of such acts after actual knowledge thereof. [L 1963, c 200, §6; Supp, §90B-6; HRS §380-6]
HI Rev Stat § 380-8 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|380. Labor Disputes; Jurisdiction of Courts|380-8 Complainant; compliance with legal obligation; effort to settle.

 §380-8 Complainant; compliance with legal obligation; effort to settle. No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, or who has failed to make every reasonable effort to settle the dispute either by negotiation or with the aid of any available governmental machinery of mediation or voluntary arbitration. [L 1963, c 200, §8; Supp, §90B-8; HRS §380-8] Cross References  Conciliator, see §377-3.  Mediation, see §371-10.
HI Rev Stat § 380-9 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|380. Labor Disputes; Jurisdiction of Courts|380-9 Necessity for prior findings of fact; limitation of prohibitions.

  §380-9 Necessity for prior findings of fact; limitation of prohibitions. No restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except on the basis of findings of fact made and filed by the court in the record of the case prior to the issuance of the restraining order or injunction; and every restraining order or injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of such specific act or acts as may be expressly complained of in the bill of complaint or petition filed in the case and as shall be expressly included in the findings of fact made and filed by the court as provided in this chapter. [L 1963, c 200, §9; Supp, §90B-9; HRS §380-9] Rules of Court  Injunctions, see HRCP rule 65.
HI Rev Stat § 380-10 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|380. Labor Disputes; Jurisdiction of Courts|380-10 Appeal.

  §380-10 Appeal. Whenever any court of the State issues or denies any temporary injunction in a case involving or growing out of a labor dispute, an appeal shall lie as of right, subject to chapter 602, in the manner provided for civil appeals from the circuit courts, notwithstanding any provision of section 641-1. The appeal shall be heard and the temporary injunctive order affirmed, modified, or set aside with the greatest possible expedition, giving the proceedings precedence over all other matters of the same character. [L 1963, c 200, §10; Supp, §90B-10; HRS §380-10; am L 1973, c 31, §8; am L 1979, c 111, §17; am L 2004, c 202, §38; am L 2006, c 94, §1; am L 2010, c 109, §1] Rules of Court  Appeal, see Hawaii Rules of Appellate Procedure.
HI Rev Stat § 380-11 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|380. Labor Disputes; Jurisdiction of Courts|380-11 Contempt; speedy and public trial.

  §380-11 Contempt; speedy and public trial. In all cases arising under this chapter in which a person is charged with contempt in a court of the State, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the circuit wherein the contempt has been committed; provided that this right shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders, or process of the court. [L 1963, c 200, §11; Supp, §90B-11; HRS §380-11] Case Notes  Union not entitled to jury trial in contempt proceedings brought for violating injunction issued at HPERB's behest. 66 H. 461, 667 P.2d 783 (1983).
HI Rev Stat § 380-12 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|380. Labor Disputes; Jurisdiction of Courts|380-12 Contempt; demand for retirement of judge.

  §380-12 Contempt; demand for retirement of judge. The defendant in any proceeding for contempt of court may file with the court a demand for the retirement of the judge sitting in the proceeding, if the contempt arises from an attack upon the character or conduct of the judge and if the attack occurred elsewhere than in the presence of the court or so near thereto as to interfere directly with the administration of justice. Upon the filing of any such demand the judge shall thereupon proceed no further, but another judge shall be designated in the same manner as is provided by law. The demand shall be filed prior to the hearing in the contempt proceeding. [L 1963, c 200, §12; Supp, §90B-12; HRS §380-12]
HI Rev Stat § 380-13 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|380. Labor Disputes; Jurisdiction of Courts|380-13 When chapter applicable; definitions.

  §380-13 When chapter applicable; definitions. When used in this chapter, and for the purposes of this chapter:  (1) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in the same industry, trade, craft, or occupation; or have direct or indirect interests therein; or who are employees of the same employer; or who are members of the same or an affiliated organization of employers or employees; whether the dispute is (A) between one or more employers or associations of employers and one or more employees or associations of employees; (B) between one or more employers or associations of employers and one or more employers or associations of employers; or (C) between one or more employees or associations of employees and one or more employees or associations of employees; or when the case involves any conflicting or competing interests in a "labor dispute" (as defined in this section) of "persons participating or interested" therein (as defined in this section).  (2) A person or association shall be held to be a person participating or interested in a labor dispute if relief is sought against the person or it, and if the person or it is engaged in the same industry, trade, craft, or occupation in which the dispute occurs, or has a direct or indirect interest therein, or is a member, officer, or agent of any association composed in whole or in part of employers or employees engaged in such industry, trade, craft, or occupation.  (3) The term "labor dispute" includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employer and employee. [L 1963, c 200, §13; Supp, §90B-13; HRS §380-13; gen ch 1985]
HI Rev Stat § 381-1 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|381. Labor Disputes; Public Utilities|381-1 Definitions.

  §381-1 Definitions. Where used in this chapter unless the context clearly indicates otherwise:  "Director" means the director of labor and industrial relations.  "Dispute" and "labor dispute" mean any controversy concerning wages, hours, and other terms and 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 and conditions of employment.  "Employee" means any person, whether or not a member of a labor organization, in the employ of a public utility and whose duties pertain or relate to the public utility service in which the public utility is engaged.  "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 a public utility to furnish work to employees as a result of a labor dispute.  "Public utility" has the meaning given that term in section 269-1, excluding, however, the State or any county or any commission or board of the State or of any county, and any person subject to the Federal Railway Labor Act, as amended from time to time.  "Representative" means any person or persons, labor organization, organization, or corporation designated either by a public utility or by employees to act for it or them.  "Strike" means the temporary stoppage of work, slowdown, or retarding of production or operations by the concerted action of two or more employees as a result of a labor dispute. [L 1949, c 146, pt of §1; RL 1955, §91-2; HRS §381-1] Revision Note  Definitions rearranged pursuant to §23G-15. Attorney General Opinions  This chapter is invalid. Att. Gen. Op. 67-7.
HI Rev Stat § 381-2 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|381. Labor Disputes; Public Utilities|381-2 Duty to avoid lockouts and strikes by collective bargaining.

  §381-2 Duty to avoid lockouts and strikes by collective bargaining. In order to avoid any interruption of public utility service to users, consumers, or the public, any public utility and its employees and their respective representatives shall use the processes of conference and collective bargaining in the settlement of all disputes between the public utility and the employees thereof, without resort to lockout or strike. [L 1949, c 146, pt of §1; RL 1955, §91-3; HRS §381-2]
HI Rev Stat § 381-3 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|381. Labor Disputes; Public Utilities|381-3 Notice of impasse required; effect of collective bargaining agreements.

  §381-3 Notice of impasse required; effect of collective bargaining agreements. When an impasse is reached in any dispute between a public utility employer and its employees, either party to the dispute claiming the existence of an impasse shall notify the director of labor and industrial relations in writing of the existence of the impasse. The notice shall contain a clear and concise statement of each issue on which an impasse has been reached, and a certificate as to the good faith of the notice and the statements contained therein, which certification shall be made by the representatives actively engaged in the conduct of negotiations for the party filing the notice. A copy of the notice shall be delivered to the other party to the dispute simultaneously with delivery of notice to the director.  This section shall not apply in any case where there exists a collective bargaining agreement between a public utility employer and its employees, 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 such negotiations, and no agreement has been reached at the expiration of the time or period, and the agreement does not prohibit strikes or lockouts following such negotiation and failure to arrive at agreement. [L 1949, c 146, pt of §1; RL 1955, §91-4; HRS §381-3]