(a) All persons employed by the governor under sections 382-3 to appropriation and use” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>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.
lawyer woman

Need help with an employment contract?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Hawaii Revised Statutes 382-7

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Employee: means any person employed by an employer. See Hawaii Revised Statutes 382-1
  • Employer: means any person who employs the services of employees in the stevedoring industry, but shall not include the State or any agency thereof. See Hawaii Revised Statutes 382-1
  • Labor organization: means any organization of employees which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning wages, hours, and other terms and conditions of employment. See Hawaii Revised Statutes 382-1
  • Person: includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, or receivers. See Hawaii Revised Statutes 382-1
  • Related services: means and includes all services, other than stevedoring services, ordinarily or necessarily performed in regard to cargo, goods, wares, and merchandise of every kind arriving at a terminal facility for shipment by or discharge from vessels and other craft; and "related facilities" means and includes all facilities in connection therewith. See Hawaii Revised Statutes 382-1
  • Stevedoring industry: means the business of furnishing services for the loading and unloading of cargo transported or to be transported on vessels and other craft, at any ports within the State, and also means the business of furnishing related services, as herein defined. See Hawaii Revised Statutes 382-1
  • Stevedoring services: means services for the loading and unloading of cargo transported or to be transported on vessels and other craft and the handling of lines of vessels and other craft, at any ports within the State. See Hawaii Revised Statutes 382-1
  • Strike: means the temporary stoppage of work, slowdown, or retarding of production or operations by the concerted action of employees. See Hawaii Revised Statutes 382-1
(b) After a proclamation of an emergency pursuant to section 382-2 and until the termination of government operations as provided by § 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.

  Previous
Next  
 Chapter 382 Contents