§89-12  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]



 



Case Notes



 



  "Dispute" in subsection (a)(2) includes disputes
not only with regard to initial or renewed agreement but also with regard to
grievances.  54 H. 531, 511 P.2d 1080.



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



  Injunctive relief under subsection (e) is available for
violations of subsection (a)(2), notwithstanding the violations are also
violations 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 with
contract law.  60 H. 361, 590 P.2d 993.



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



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



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



  Though designated as an "incumbent" employee,
plaintiff was "essential employee" where plaintiff:  (1) received
notice 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 a
strike.  87 H. 191, 953 P.2d 569.