§89-3  Rights of employees.  [Repealand reenactment on July 1, 2010.  L Sp 2008, c 5, §1.]  Employeesshall have the right of self-organization and the right to form, join, orassist any employee organization for the purpose of bargaining collectively throughrepresentatives of their own choosing on questions of wages, hours, and otherterms and conditions of employment, including retiree health benefitcontributions, and to engage in lawful, concerted activities for the purpose ofcollective bargaining or other mutual aid or protection, free frominterference, restraint, or coercion.  An employee shall have the right torefrain from any or all of such activities, except for having a payrolldeduction equivalent to regular dues remitted to an exclusive representative asprovided in section 89-4. [L 1970, c 171, pt of §2; am L 1981, c 180, §3; am L2000, c 253, §94; am L 2005, c 245, §§4, 8; am L 2007, c 294, §2]

 

Attorney General Opinions

 

  Unilateral wage increases by employer pending representationelections as constituting interference, restraint or coercion.  Att. Gen. Op.74-6.

 

Case Notes

 

  Strike found unlawful and therefore not a protected activityunder this section.  60 H. 361, 590 P.2d 993.

  Where plaintiffs failed to demonstrate that bargaining overpay dates was one of the core subjects of collective bargaining that triggers aviolation of article XIII, §2 of the Hawaii constitution, and failed to providethe supreme court with their collective bargaining agreement to support theircontention that pay dates are bargainable, and these pay dates were notspecifically incorporated into their contract, the Act 355, Session Laws ofHawaii 1997 amendment to §78-13 to unilaterally alter the "traditionalpractice" of being paid on the fifteenth day and last day of the month didnot violate their right to collectively bargain pay periods.  111 H. 168, 140P.3d 401.

  As §84-13 prohibited the posting of campaign materials on aunion bulletin board on the fourth floor of a state building, and nothing in chapter89 was explicitly contrary to, or inconsistent with, that construction, therewas no conflict between §84-13 and this section.  116 H. 73, 170 P.3d 324.

  Where the posting of campaign materials on a union bulletinboard on the fourth floor of a state building was prohibited by §84-13, and wasthus not lawful, the postings were not protected under the express language ofthis section (2006). 116 H. 73, 170 P.3d 324.

  Where the State, as employer, expressed a"legitimate" concern with campaign materials postings on the unionbulletin board on the fourth floor of the department of transportationbuilding, inasmuch as the supervisors at the department believed them to be inviolation of §84-13 and an ethics commission bulletin entitled "Campaign Restrictionsfor State Officials and State Employees", and there was no Hawaii laborrelations board finding of "union animus", the removal of campaignmaterials from the union bulletin board did not infringe on the "mutualaid or protection" clause of this section (2006).  116 H. 73, 170 P.3d 324.