reglab/statecodes huggingface dataset:
2023 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]
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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.
2023 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.
2023 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]
2023 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]
2023 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]
2023 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).
2023 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]
2023 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.
2023 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]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 382. Labor Disputes; Stevedoring Industry › 382-5 Stevedoring fund; compensation for appropriation and use.

§382-5 Stevedoring fund; compensation for appropriation and use.
There is appropriated from the general revenues of the State sufficient moneys as may be necessary, from time to time, for expenditure by or under the direction of the governor for any and all purposes of this chapter and the operations of the government under this chapter, including, without limitation of the generality of the foregoing, the compensation of employees and for other personal services, other current expenses, insurance, and expenditures for the performance of any and all contracts and arrangements authorized by this chapter; provided that the governor may not expend in excess of $250,000 by this method. The governor may further augment the appropriation from the governor's contingent fund and in addition thereto may cause to be expended from the general fund as a loan or loans further amounts from time to time as required for the purposes of this chapter, but the amount of such further loans outstanding at any one time shall not exceed $250,000. Expenditures may be made by or under the direction of the governor or the governor may allot any money not to exceed the maximums provided in this section to the designated agency for expenditure upon its own vouchers.
Charges shall be made and collected for deposit into the treasury of the State. The charges so far as possible shall be based upon the rates prevailing in the industry immediately prior to the disruption of service, but due consideration shall be given to current conditions, including the expenses and other costs incurred or which may be incurred by the State under this chapter. From time to time the governor shall pay from the general fund to each company whose property has been appropriated just compensation for the appropriation and use of its property. If any company is unwilling to accept the amount determined by the governor as full and complete compensation for appropriation and use, the company shall be paid fifty per cent of the amount so determined by the governor and shall be entitled to sue the State, in the manner provided in chapter 661 for such additional sum as, when added to the sum already received by the company, shall constitute just compensation for the appropriation and use of its property; provided that the suit shall be instituted within three months after the termination of the appropriation and use. [L 1951, c 209, pt of §4; RL 1955, §92-6; am L 1964, c 46, §2; HRS §382-5; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 382. Labor Disputes; Stevedoring Industry › 382-6 Termination of government operations.

§382-6 Termination of government operations.
Whenever the governor finds that any company whose plant or facilities are being operated by the State is in a position to resume immediately and continue the operation of its plants and facilities without interruption, or that government operation of the plant or facilities of any company is no longer required for the public health, safety, and welfare, the governor shall terminate government operation of the plant and facilities and shall restore the same to the company. [L 1951, c 209, §5; RL 1955, §92-7; HRS §382-6; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 382. Labor Disputes; Stevedoring Industry › 382-7 Interference with government operations; injunctions.

§382-7 Interference with government operations; injunctions.
(a) All persons employed by the governor under sections 382-3 to 382-5 shall be deemed government employees within the meaning of sections 86-1 to 86-6 and such sections shall be applicable to the operations under sections 382-3 to 382-5.
(b) After a proclamation of an emergency pursuant to section 382-2 and until the termination of government operations as provided by section 382-6, it shall be unlawful for:
(1) Any private employee or labor organization to engage in a strike, or a concerted refusal to transport or otherwise handle any cargo or to perform services on any vessel or with respect to any facility;
(2) Any persons to concert to withhold patronage, employment, or other beneficial business intercourse; or
(3) Any person, with a purpose of instigating, inducing, procuring, bringing about, coercing, or inciting any such strike or concerted action or a continuation thereof, to picket or to establish or maintain a picket line of one or more persons, where an object of any such strike, concerted action, or picketing is to:
(A) Interfere with government operations under this chapter;
(B) Force or require any person to cease transporting or otherwise handling cargo with respect to which stevedoring services or related services have been or are to be performed by the government under this chapter; or
(C) Cause loss, injury, or damage to any person by reason of the person's having transported or otherwise handled or being about to transport or otherwise handle any cargo with respect to which stevedoring services or related services have been or are to be performed by the government under this chapter;
provided that in the case of an emergency arising out of a labor dispute in the stevedoring industry, this subsection shall not, by reason of refusal to return to employment involved in such labor dispute or by reason of refusal to accept employment by the government, apply to any employee engaged in the labor dispute. For the purposes of this subsection, the term "employee" includes any employee and is not limited to the employees of a particular employer and "private employee" means one employed by other than the government.
This section shall be enforceable in the same manner as that provided in section 86-4 for the enforcement of sections 86-1 to 86-6. [L 1951, c 209, §6; RL 1955, §92-8; HRS §382-7; gen ch 1985]
Note
Sections 86-1 to 86-6 referred to in text are repealed.
Revision Note
Pursuant to §23G-15, in:
(1) Subsection (b)(1), "or" deleted and punctuation changed; and
(2) Subsection (b)(2) and (b)(3)(A) and (B), punctuation changed.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 382. Labor Disputes; Stevedoring Industry › 382-8 Employee need not work involuntarily.

§382-8 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 1951, c 209, §7; RL 1955, §92-9; HRS §382-8; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 382. Labor Disputes; Stevedoring Industry › 382-9 Rules and regulations.

§382-9 Rules and regulations.
For the purpose of carrying out sections 382-3 to 382-5, the governor may prescribe rules and regulations. Chapter 91 shall not be applicable to such rules and regulations. [L 1951, c 209, §8; RL 1955, §92-10; am imp L 1964, c 46, §2; am L 1965, c 96, §68; HRS §382-9]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 382. Labor Disputes; Stevedoring Industry › 382-10 Powers in addition to other powers.

§382-10 Powers in addition to other powers.
The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law, including sections 125-1 to 125-7 and nothing herein shall be construed as limiting any other powers of the governor or the designated agency mentioned in section 382-3. [L 1951, c 209, §10; RL 1955, §92-11; HRS §382-10]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-3 Place of performance.

§383-3 Place of performance.
"Employment" includes an individual's entire service, performed within or both within and without this State if:
(1) The service is localized in this State; or
(2) The service is not localized in any state but some of the service is performed in this State and[:]
(A) The individual's base of operation, or, if there is no base of operation, then the place from which such service is directed or controlled, is in this State; or
(B) The individual's base of operation or place from which the service is directed or controlled is not in any state in which some part of the service is performed but the individual's residence is in this State.
Notwithstanding any other provisions of this section, the term employment also includes all service performed after June 30, 1946, by an officer or member of the crew of an American vessel on or in connection with such vessel, provided that the operating office from which the operations of the vessel operating on navigable waters within or within and without the United States is ordinarily and regularly supervised, managed, directed, and controlled, is within this State. [L 1939, c 219, §2(k)(2); am L 1941, c 304, §1, pt of subs 8; RL 1945, §4204; am L 1947, c 75, §1(2); RL 1955, §93-3; HRS §383-3]
Revision Note
In paragraph (2), (A) and (B) reformatted as subparagraphs (A) and (B) pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-4 Election of employing unit.

§383-4 Election of employing unit.
Services covered by an election pursuant to section 383-77 and services covered by an arrangement pursuant to sections 383-106 to 383-109 between the department of labor and industrial relations and the agency charged with the administration of any other state or federal unemployment compensation law, pursuant to which all services performed by an individual for an employing unit are deemed to be performed entirely within this State, shall be deemed to be employment if the department has approved an election of the employing unit for which the services are performed, pursuant to which the entire service of the individual during the period covered by the election is deemed to be insured work. [L 1939, c 219, §2(k)(1); am L 1941, c 304, §1, pt of subs 8; RL 1945, §4205; RL 1955, §93-4; am L Sp 1959 2d, c 1, §27; HRS §383-4]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-5 Service localized where.

§383-5 Service localized where.
Service shall be deemed to be localized within a state, if:
(1) The service is performed entirely within the state; or
(2) The service is performed both within and without the state, but the service performed without the state is incidental to the individual's service within the state, for example, is temporary or transitory in nature or consists of isolated transactions. [L 1939, c 219, §2(k)(1); am L 1941, c 304, §1, pt of subs 8; RL 1945, §4206; RL 1955, §93-5; HRS §383-5]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-6 Master and servant relationship, not required when.

§383-6 Master and servant relationship, not required when.
Services performed by an individual for wages or under any contract of hire shall be deemed to be employment subject to this chapter irrespective of whether the common law relationship of master and servant exists unless and until it is shown to the satisfaction of the department of labor and industrial relations that:
(1) The individual has been and will continue to be free from control or direction over the performance of such service, both under the individual's contract of hire and in fact;
(2) The service is either outside the usual course of the business for which the service is performed or that the service is performed outside of all the places of business of the enterprise for which the service is performed; and
(3) The individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the contract of service. [L 1939, c 219, §2(k)(5); am L 1941, c 304, §1, pt of subs 8; RL 1945, §4207; RL 1955, §93-6; am L Sp 1959 2d, c 1, §27; HRS §383-6; gen ch 1985]
Revision Note
In paragraph (1), "and" deleted pursuant to §23G-15.
Law Journals and Reviews
Relief for Manufacturers and Wholesalers: A Proposal to Exclude Commissions Paid to Part-Time Sales Representatives from Hawaii's Unemployment Tax. II HBJ, no. 13, at 35 (1998).
Case Notes
"Control" test. 38 H. 16 (1948).
Coverage, generally. 41 H. 508 (1957).
Coverage may be broader than federal law. 41 H. 508 (1957).
"Control" test; salespersons representing home remodelling company were "employees" under control and supervision of company. 2 H. App. 421, 633 P.2d 564 (1981).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-7.5 Part-time work; benefits available.

§383-7.5 Part-time work; benefits available.
Notwithstanding any law to the contrary under this chapter, an individual shall not be denied regular unemployment benefits relating to availability for work, active search for work, or refusal to accept work, solely because the individual is seeking only part-time work; provided that this section shall not apply if a majority of the weeks of work in the individual's base period does not include part-time work. [L 2009, c 171, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-8 Included and excluded service.

§383-8 Included and excluded service.
If the services performed during one-half or more of any pay period by an individual for the person employing the individual constitute employment, all the services of the individual for the period shall be deemed to be employment; but if the services performed during more than one-half of any pay period by an individual for the person employing the individual do not constitute employment, then none of the services of the individual for the period shall be deemed to be employment. As used in this section, the term "pay period" means a period (of not more than thirty-one consecutive days) for which a payment of remuneration is ordinarily made to the individual by the person employing the individual. This section shall not be applicable with respect to services performed in a pay period by an individual for the person employing the individual, where any of the service is excepted by section 383-7(a)(8). [L 1941, c 304, §1, pt of subs 8; RL 1945, §4209; RL 1955, §93-8; HRS §383-8; gen ch 1985; am L 2015, c 35, §13]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-9 Agricultural labor.

§383-9 Agricultural labor.
"Agricultural labor" includes all service performed prior to January 1, 1972, which was agricultural labor as defined in this section prior to such date, and remunerated service performed after December 31, 1971:
(1) On a farm, in the employ of any person in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and furbearing animals and wildlife;
(2) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm;
(3) In connection with the production or harvesting of any commodity defined as an agricultural commodity in section 15(g) of the federal Agricultural Marketing Act, as amended, or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes;
(4) (A) In the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity; but only if such operator produced more than one-half of the commodity with respect to which such service is performed;
(B) In the employ of a group of operators of farms (or a cooperative organization of which such operators are members) in the performance of service described in subparagraph (A), but only if such operators produced more than one-half of the commodity with respect to which such service is performed;
(C) The provisions of subparagraphs (A) and (B) shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption; or
(5) On a farm operated for profit if such service is not in the course of the employer's trade or business.
As used in this section, "farm" includes stock, dairy, poultry, fruit, furbearing animal, and truck farms, plantations, ranches, nurseries, ranges, greenhouses, or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. [L 1941, c 304, §1, pt of subs 8; RL 1945, §4210; RL 1955, §93-9; HRS §383-9; am L 1971, c 187, §3; am L 1977, c 148, §3]
Case Notes
Arboretum is not a "farm" exempted from chapter where ninety per cent of its revenues come from fees charged its visitors. 66 H. 388, 662 P.2d 1120 (1983).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-10 Definition of wages.

§383-10 Definition of wages.
As used in this chapter, unless the context clearly requires otherwise, "wages", subject to section 383-11, means all remuneration for services from whatever source, including commissions and bonuses, tips or gratuities paid directly to an individual by a customer of the employer and reported to the employer, and the cash value of all remuneration in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash shall be estimated and determined in accordance with rules prescribed by the department of labor and industrial relations. [L 1939, c 219, §2(p); am L 1941, c 304, §1, pt of subs 12; RL 1945, §4211; am L 1953, c 23, §1(2); RL 1955, §93-10; am L Sp 1959 2d, c 1, §27; HRS §383-10; gen ch 1985; am L 1986, c 288, §1]