Strikes, rights and prohibitions
HRS §89-12
in effect89-12. Strikes, rights and prohibitions
(a) It shall be unlawful for any employee to participate in a strike if the employee:
(1) Is not included in the appropriate bargaining
unit involved in an impasse; or
(2) Is included in the appropriate bargaining unit
involved in an impasse that has been referred to arbitration for a decision.
(b) It shall be lawful for an employee, who is
not prohibited from striking under subsection (a) and who is in the appropriate
bargaining unit involved in an impasse, to participate in a strike under the
following conditions:
(1) The requirements of section 89-11 relating to the
resolution of disputes have been complied with in good faith;
(2) The proceedings for the prevention of any
prohibited practices have been exhausted;
(3) The collective bargaining agreement and any
extension of the agreement has expired; and
(4) The exclusive representative has given a ten-day
notice of intent to strike, together with a statement of its position on all
remaining issues in dispute, to the employer and the board.
Within three days of receipt of the notice of
intent to strike, the employer shall submit its position on the remaining
issues in dispute that are included in the statement transmitted by the
exclusive representative with its notice of intent to strike. The board shall
immediately release the information on the positions of the parties to the
public.
(c) If any employee organization or any
employee is violating or failing to comply with the requirements of this
section, or if there is reasonable cause to believe that an employee
organization or an employee will violate or fail to comply with such requirements,
the public employer affected shall, forthwith, institute appropriate
proceedings in the circuit in which the violation occurs to enjoin the
performance of any acts or practices forbidden by this section, or to require
the employee organization or employees to comply with the requirements of this
section. Jurisdiction to hear and dispose of all actions under this section is
conferred upon each circuit court, and each court may issue in compliance with
chapter 380, such orders and decrees, by way of injunction, mandatory
injunction, or otherwise, as may be appropriate to enforce this section. The
right to a jury trial shall not apply to any proceeding brought under this
section.
[L 1970, c 171, pt of §2; am L 1980, c 252, §2; gen ch 1985; am L 2000,
c 253, §101; am L 2001, c 90, §§7, 10; am L 2002, c 148, §6 and c 232, §4]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0089/HRS_0089-0012.htmFetched: 11/10/2026