Proceedings arising under employment relations act; court jurisdiction over
HRS §380-14
in effect380-14. Proceedings arising under employment relations act; court jurisdiction over
(a) When granting appropriate temporary relief or a restraining order, or making and entering a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part an order of the Hawaii labor relations board, as provided in this section, the jurisdiction of courts sitting in equity shall not be limited by this chapter.
(b) The board shall have power, upon the
filing of a complaint as provided in section 377-9 to petition any circuit
court of the State within any circuit wherein the unfair labor practice in
question is alleged to have occurred or wherein the person resides or transacts
business, for appropriate temporary relief or restraining order. Upon the
filing of any such petition the court shall cause notice thereof to be served
upon the person, and thereupon shall have jurisdiction to grant to the board
such temporary relief or restraining order as it deems just and proper.
(c) Whenever it is charged that any person has
engaged in an unfair labor practice within the meaning of section 377-7(5),
(6), (7), (8), and (9), the preliminary investigation of that charge shall be
made forthwith and given priority over all other cases except cases of like
character in the office where it is filed or to which it is referred. If,
after the investigation, the board has reasonable cause to believe the charge
is true, it shall petition any circuit court of the State within any circuit where
the unfair labor practice in question has occurred, is alleged to have
occurred, or wherein the person resides or transacts business, for appropriate
injunctive relief pending the final adjudication of the board with respect to
that matter. Upon the filing of any such petition, the circuit court shall
have jurisdiction to grant such injunctive relief or temporary restraining
order as it deems just and proper, notwithstanding any other provision of law
or rule of court; provided that no temporary restraining order shall be issued
without notice unless a petition alleges that substantial and irreparable
injury to the charging party will be unavoidable and the temporary restraining
order shall be effective for no longer than five days and will become void at
the expiration of that period; provided further that the board shall not apply
for any restraining order under section 377-7(5), (6), (7), (8), and (9) if a
charge against the employer under section 377-6(2) has been filed and after the
preliminary investigation, the board has reasonable cause to believe that the
charge is true and that a complaint should be issued. Upon the filing of any
such petition, the courts shall cause notice thereof to be served upon any
person involved in the charge and the person, including the charging party,
shall be given an opportunity to appear by counsel and present any relevant
testimony; provided that for the purposes of this subsection, circuit courts
shall be deemed to have jurisdiction of a labor organization in:
(1) The circuit in which the organization maintains
its principal office; or
(2) Any circuit in which the organization's duly
authorized officers or agents are engaged in promoting or protecting the
interests of employee members. The service of legal process upon an officer or
agent shall constitute service upon the labor organization and make the
organization a party to the suit.
[L 1963, c 200, §14; Supp, §90B-14; HRS
§380-14; am L 1973, c 31, §9; am L 1985, c 251, §26; am L 2016, c 55, §7]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0380/HRS_0380-0014.htmFetched: 11/10/2026