§382-7 Interference with government operations; injunctions.

432 words·~2 min read·/hi/chapter-382/382-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.