Hawaii Revised Statutes 381-8 – Procedure where dispute not resolved
Terms Used In Hawaii Revised Statutes 381-8
- Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 381-1
- Lockout: means the refusal of a public utility to furnish work to employees as a result of a labor dispute. See Hawaii Revised Statutes 381-1
- Public utility: has the meaning given that term in § 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. See Hawaii Revised Statutes 381-1
- 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. See Hawaii Revised Statutes 381-1
- 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. See Hawaii Revised Statutes 381-1
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.