§89-12  Strikes, rights and prohibitions. (a)  It shall be unlawful for any employee to participate in a strike if theemployee:

(1)  Is not included in the appropriate bargainingunit involved in an impasse; or

(2)  Is included in the appropriate bargaining unitinvolved in an impasse that has been referred to arbitration for a decision.

(b)  It shall be lawful for an employee, who isnot prohibited from striking under subsection (a) and who is in the appropriatebargaining unit involved in an impasse, to participate in a strike under thefollowing conditions:

(1)  The requirements of section 89-11 relating to theresolution of disputes have been complied with in good faith;

(2)  The proceedings for the prevention of anyprohibited practices have been exhausted;

(3)  The collective bargaining agreement and anyextension of the agreement has expired; and

(4)  The exclusive representative has given a ten-daynotice of intent to strike, together with a statement of its position on allremaining issues in dispute, to the employer and the board.

Within three days of receipt of the notice ofintent to strike, the employer shall submit its position on the remainingissues in dispute that are included in the statement transmitted by theexclusive representative with its notice of intent to strike.  The board shallimmediately release the information on the positions of the parties to thepublic.

(c)  If any employee organization or anyemployee 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 anemployee will violate or fail to comply with such requirements, the publicemployer affected shall, forthwith, institute appropriate proceedings in thecircuit in which the violation occurs to enjoin the performance of any acts orpractices forbidden by this section, or to require the employee organization oremployees to comply with the requirements of this section.  Jurisdiction tohear and dispose of all actions under this section is conferred upon eachcircuit court, and each court may issue in compliance with chapter 380, suchorders and decrees, by way of injunction, mandatory injunction, or otherwise,as may be appropriate to enforce this section.  The right to a jury trial shallnot 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]

 

Case Notes

 

  "Dispute" in subsection (a)(2) includes disputesnot only with regard to initial or renewed agreement but also with regard togrievances.  54 H. 531, 511 P.2d 1080.

  Subsection (c) does not require finding of irreparable harmas a prerequisite to relief for violation of subsection (a)(2).  54 H. 531, 511P.2d 1080.

  Injunctive relief under subsection (e) is available forviolations of subsection (a)(2), notwithstanding the violations are alsoviolations of contract under §89-13; applicability of chapter 380.  54 H. 531,511 P.2d 1080.

  Civil contempt for violating order enjoining strikes.  55 H.386, 520 P.2d 422.

  Strike settlement agreements are enforced in accordance withcontract law.  60 H. 361, 590 P.2d 993.

  Strike settlement did not have effect of condoning an illegalstrike.  60 H. 361, 590 P.2d 993.

  Board had authority to order union to implement the staffingof essential positions.  66 H. 461, 667 P.2d 783.

  As plaintiff was designated an "essentialemployee", notice plaintiff received leading plaintiff to believe plaintiffcould not strike was not a prohibited practice by employer.  87 H. 191, 953P.2d 569.

  Though designated as an "incumbent" employee,plaintiff was "essential employee" where plaintiff:  (1) receivednotice by same means as essential employee; (2) was prohibited from striking;and (3) was subject to discipline for not working if scheduled to work during astrike.  87 H. 191, 953 P.2d 569.