Prohibited practices; evidence of bad faith
HRS §89-13
in effect89-13. Prohibited practices; evidence of bad faith
(a) It shall be a prohibited practice for a public employer or its designated representative wilfully to:
(1) Interfere, restrain, or coerce any employee in
the exercise of any right guaranteed under this chapter;
(2) Dominate, interfere, or assist in the formation,
existence, or administration of any employee organization;
(3) Discriminate in regard to hiring, tenure, or any
term or condition of employment to encourage or discourage membership in any
employee organization;
(4) Discharge or otherwise discriminate against an
employee because the employee has signed or filed an affidavit, petition, or
complaint or given any information or testimony under this chapter, or because
the employee has informed, joined, or chosen to be represented by any employee
organization;
(5) Refuse to bargain collectively in good faith with
the exclusive representative as required in section 89-9;
(6) Refuse to participate in good faith in the
mediation and arbitration procedures set forth in section 89-11;
(7) Refuse or fail to comply with any provision of
this chapter;
(8) Violate the terms of a collective bargaining
agreement;
(9) Replace any nonessential employee for
participating in a labor dispute;
(10) Give employment preference to an individual
employed during a labor dispute and whose employment termination date occurs
after the end of the dispute, over an employee who exercised the right to join,
assist, or engage in lawful collective bargaining or mutual aid or protection
through the labor organization involved in the dispute; or
(11) Fail to comply with the general orientation
requirements set forth in section 78-64.
(b) It shall be a prohibited practice for a
public employee or for an employee organization or its designated agent
wilfully to:
(1) Interfere, restrain, or coerce any employee in
the exercise of any right guaranteed under this chapter;
(2) Refuse to bargain collectively in good faith with
the public employer, if it is an exclusive representative, as required in
section 89-9;
(3) Refuse to participate in good faith in the
mediation and arbitration procedures set forth in section 89-11;
(4) Refuse or fail to comply with any provision of
this chapter; or
(5) Violate the terms of a collective bargaining
agreement.
[L 1970, c 171, pt of §2; gen ch 1985; am L 1992, c 214, §3; am L
2003, c 3, §2; am L 2024, c 63, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0089/HRS_0089-0013.htmFetched: 11/10/2026