§371-10  Mediation of labor disputes. The governor or the governor's designated agent shall promote the voluntarymediation of disputes between employers and employees, and avoid the necessityof resorting to lockouts, boycotts, blacklists, strikes, discriminations, andlegal proceedings in the matters of employment.  In pursuance of this duty, thegovernor or the governor's designated agent may appoint temporary boards ofmediation, consisting of one or more members, provide necessary expenses ofsuch boards, order reasonable compensation not exceeding $10 a day for eachmember engaged in such mediation, prescribe rules of procedure for such boards,conduct investigations and hearings, and may do all things convenient andnecessary to accomplish the purposes of this paragraph.  The governor or thegovernor's designated agent may designate the director of labor and industrialrelations to act as mediator.

Whenever a controversy arises between anemployer and the employer's employees which is not settled either in conferencebetween the representatives of the parties or through mediation in the mannerprovided in this section, the controversy may by agreement of the parties besubmitted to arbitration by three persons, one to be selected by the employer,one to be selected by the employees and the two so selected to select thethird.

Whenever the governor finds that all reasonableefforts for mediation have been made and failed and that the parties are unableor refuse to enter into an agreement for arbitration, the governor may appointan emergency board of disinterested persons to investigate and reportrespecting the controversy.  The board shall be composed of such number ofpersons as the governor may deem desirable.  The compensation of the members ofthe board shall be fixed by the governor, which compensation, together with allnecessary traveling and other expenses, shall be provided by the director outof funds made available to the department of labor and industrial relations. The board shall be created separately in each instance and it shall investigatepromptly the facts as to the controversy and report thereon, together with itsrecommendations, to the governor with all reasonable dispatch and in any eventnot later than thirty days from the date of its creation. [L 1939, c 237,§1(12); RL 1945, §4115; RL 1955, §88-16; am L Sp 1959 2d, c 1, §27; HRS§371-10; gen ch 1985]

 

Cross References

 

  Appointment of conciliator, see §377-3.