§377-1  Definitions.  When used in this
chapter:



(1)  "Person" includes one or more
individuals, partnerships, associations, corporations, legal representatives,
trustees, or receivers.



(2)  "Employer" means a person who engages
the services of an employee, and includes any person acting on behalf of an
employer, but shall not include the State or any political subdivision thereof,
or any labor organization or anyone acting in behalf of such organization other
than when it is acting as an employer in fact.



(3)  "Employee" includes any person, other
than an independent contractor, working for another for hire in the State, and
shall not be limited to the employees of a particular employer unless the
context clearly indicates otherwise; and includes any individual whose work has
ceased solely as a consequence of or in connection with any current labor
dispute or because of any unfair labor practice on the part of an employer and
(A) who has not refused or failed to return to work upon the final disposition
of a labor dispute or a charge of an unfair labor practice by a tribunal having
competent jurisdiction of the same or whose jurisdiction was accepted by the
employee or the employee's representative, (B) who has not been found to be
committing or a party to any unfair labor practice hereunder, (C) who has not
obtained regular and substantially equivalent employment elsewhere, or (D) who
has not been absent from the individual's employment for a substantial period
of time during which reasonable expectancy of settlement has ceased (except by
an employer's unlawful refusal to bargain) and whose place has been filled by
another engaged in the regular manner for an indefinite or protracted period
and not merely for the duration of a strike or lockout; but shall not include
any individual employed in the domestic service of a family or person at the
family's or person's home or any individual employed by the individual's parent
or spouse, or any person employed in an executive or supervisory capacity, or
any individual employed by any employer employing less than two individuals, or
any individual subject to the jurisdiction of the Federal Railway Labor Act or
the National Labor Relations Act, as amended from time to time; provided that
the term "employee" includes any individual subject to the
jurisdiction of the National Labor Relations Act, as amended from time to time,
but over whom the National Labor Relations Board has declined to exercise
jurisdiction or has indicated by its decisions and policies that it will not
assume jurisdiction.



(4)  "Representative" includes any person
chosen by an employee to represent the employee.



(5)  "Collective bargaining" is the
negotiating by an employer and a majority of the employer's employees in a
collective bargaining unit (or their representatives) concerning representation
or terms and conditions of employment of such employees in a mutually genuine
effort to reach an agreement with reference to the subject under negotiation.



(6)  "Collective bargaining unit" means all
of the employees of one employer (employed within the State), except that where
the board has determined and certified that such employees engaged in a single
craft, division, department, or plant as provided in section 377-5(b)
constitute a separate bargaining unit they shall be so considered.  Two or more
collective bargaining units may bargain collectively through the same
representative where a majority of the employees or each separate unit have
voted by secret ballot as provided in section 377-5(c) so to do.



(7)  "Unfair labor practice" means any
unfair labor practice as defined in sections 377-6 to 377-8.



(8)  "Labor dispute" includes any
controversy concerning terms, tenure or conditions of employment, or concerning
the association or representation of persons in negotiating, fixing,
maintaining, changing, or seeking to arrange terms or conditions of employment,
regardless of whether the disputants stand in the proximate relation of
employer and employee.



(9)  "All union agreement" means an
agreement between an employer and the representative of the employer's
employees in a collective bargaining unit whereby all of the employees in such
unit are required to be members of a single labor organization.



(10)  "Board" means the Hawaii labor
relations board, provided for by sections 26-20, 89-5, and 377-2.



(11)  "Election" means a proceeding in which
the employees in a collective bargaining unit cast a secret ballot for
collective bargaining representatives or for any other purpose specified in
this chapter and shall include elections conducted by the board, or, unless the
context clearly indicates otherwise, by any tribunal having competent
jurisdiction or whose jurisdiction was accepted by the parties.



(12)  "Secondary boycott" includes combining
or conspiring to cause or threaten to cause injury to one with whom no labor
dispute exists, whether by (A) withholding patronage, labor, or other
beneficial business intercourse, (B) picketing, (C) refusing to handle,
install, use, or work on particular materials, equipment, or supplies, or (D)
by any other unlawful means, in order to bring one against one's will into a
concerted plan to coerce or inflict damage upon another.



(13)  "Person employed in an executive or
supervisory capacity" means any employee who has the authority to hire or
fire other employees or whose suggestions and recommendations as to hiring or
firing and as to the advancement, promotion, or demotion of other employees
will be given particular weight; but shall not mean registered nurses whose
compensation is determined on an hourly basis or who are subject to supervision
by any person other than the person in charge of all registered nurses at the
employer's premises. [L 1945, c 250, §3; am L 1955, c 11, §1; RL 1955, §90-2;
am L 1961, c 31, §1; am L 1963, c 53, §1; am L 1965, c 244, §1; am L 1967, c
253, §2; HRS §377-1; am L 1971, c 91, §1; am L 1985, c 251, §12; gen ch 1985]



 



Case Notes



 



  Employee:  individual subject to N.L.R.A. excluded, 49 H.
426, 428, 421 P.2d 294; applies to employees of East-West Center, 5 H. App. 37,
677 P.2d 477.