§377-6  Unfair labor practices of employers. It shall be an unfair labor practice for an employer individually or in concertwith others:

(1)  To interfere with, restrain, or coerce theemployer's employees in the exercise of the rights guaranteed in section 377-4;

(2)  To initiate, create, dominate, or interfere withthe formation or administration of any labor organization or contributefinancial support to it, but an employer shall not be prohibited fromreimbursing employees at their prevailing wage rate for time spent conferringwith the employer, nor from cooperating with representatives of at least amajority of the employer's employees in a collective bargaining unit, at theirrequest, by permitting employee organizational activities on employer premisesor the use of employer facilities where the activities or use create noadditional expense to the employer;

(3)  To encourage or discourage membership in anylabor organization by discrimination in regard to hiring, tenure, or otherterms or conditions of employment.  An employer, however, may enter into anall-union agreement with the bargaining representative of the employer'semployees in a collective bargaining unit, unless the board has certified thatat least a majority of the employees have voted to rescind the authority oftheir bargaining representative to negotiate such all-union agreement withinone year preceding the date of the agreement.  No employer shall justify anydiscrimination against any employee for nonmembership in a labor organizationif the employer has reasonable grounds for believing that:

(A)  Such membership was not available to theemployee on the same terms and conditions generally applicable to othermembers;

(B)  Or that membership was denied orterminated for reasons other than the failure of the employee to tenderperiodic dues and the initiation fees uniformly required as a condition foracquiring or retaining membership;

(4)  To refuse to bargain collectively with therepresentative of a majority of the employer's employees in any collectivebargaining unit provided that if the employer has good faith doubt that a unionrepresents a majority of the employees, the employer may file a representationpetition for an election and shall not be deemed guilty of refusal to bargain;

(5)  To bargain collectively with the representativesof less than a majority of the employer's employees in a collective bargainingunit, or to enter into an all-union agreement except in the manner provided inparagraph (3);

(6)  To violate the terms of a collective bargainingagreement;

(7)  To refuse or fail to recognize or accept asconclusive of any issue in any controversy as to employment relations the finaldetermination of the board or of any tribunal of competent jurisdiction;

(8)  To discharge or otherwise discriminate against anemployee because the employee has filed charges or given information ortestimony under the provisions of this chapter;

(9)  To deduct labor organization dues or assessmentsfrom an employee's earnings, unless the employer has been presented with anindividual order therefor, signed by the employee personally;

(10)  To employ any person to spy upon employees ortheir representatives respecting their exercise of any right created orapproved by this chapter;

(11)  To make, circulate, or cause to be circulated ablacklist;

(12)  To offer or grant permanent employment to anindividual for performing work as a replacement for a bargaining unit memberduring a labor dispute; or

(13)  Based on employment or willingness to be employedduring a labor dispute, to give employment preference to one person overanother who:

(A)  Was an employee at the commencement of thedispute;

(B)  Exercised the right to join, assist, orengage in lawful collective bargaining or mutual aid or protection through thelabor organization engaged in the dispute; and

(C)  Continues to work for or hasunconditionally offered to return to work for the employer. [L 1945, c 250, ptof §8; RL 1955, §90-7; am L 1959, c 210, §1; am L 1965, c 79, §1; HRS §377-6;am L 1985, c 251, §16; gen ch 1985; am L 1992, c 214, §2]

 

Case Notes

 

  Trial court erred in affirming Hawaii labor relations board'sdetermination that employer violated paragraph (3), where employer's conduct ofputting forward a threatening bargaining proposal did not effect any change inthe terms or conditions of the union members' employment, nor involve anydischarge or failure to hire union members, and as such, the conduct did not"discriminate", as no employees were treated differently than anyothers with respect to their employment conditions.  112 H. 489, 146 P.3d 1066.

  Trial court properly affirmed Hawaii labor relationsboard's determination that employer refused to bargain in good faith inviolation of paragraph (4), where elements of employer's final offer, which theboard found to be a take-it-or-leave-it proposition, as well as the context ofthe negotiations, were sufficient evidence upon which the board could haveconcluded that the employer did not bargain in good faith.  112 H. 489, 146P.3d 1066.

  Trial court properly affirmed Hawaii labor relations board'sdetermination that employer's conduct had a reasonable tendency to intimidateemployees, in violation of paragraph (1), where employer's threatening letterrequired that the union withdraw its unfair labor practice charge as acondition of agreement, or involved layoffs without any benefits beyond thosealready in the collective bargaining agreement.  112 H. 489, 146 P.3d 1066.

  Does not prohibit "agency shop" agreements.  5 H.App. 158, 681 P.2d. 587.