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



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



(2)  To initiate, create, dominate, or interfere with
the formation or administration of any labor organization or contribute
financial support to it, but an employer shall not be prohibited from
reimbursing employees at their prevailing wage rate for time spent conferring
with the employer, nor from cooperating with representatives of at least a
majority of the employer's employees in a collective bargaining unit, at their
request, by permitting employee organizational activities on employer premises
or the use of employer facilities where the activities or use create no
additional expense to the employer;



(3)  To encourage or discourage membership in any
labor organization by discrimination in regard to hiring, tenure, or other
terms or conditions of employment.  An employer, however, may enter into an
all-union agreement with the bargaining representative of the employer's
employees in a collective bargaining unit, unless the board has certified that
at least a majority of the employees have voted to rescind the authority of
their bargaining representative to negotiate such all-union agreement within
one year preceding the date of the agreement.  No employer shall justify any
discrimination against any employee for nonmembership in a labor organization
if the employer has reasonable grounds for believing that:



(A)  Such membership was not available to the
employee on the same terms and conditions generally applicable to other
members;



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



(4)  To refuse to bargain collectively with the
representative of a majority of the employer's employees in any collective
bargaining unit provided that if the employer has good faith doubt that a union
represents a majority of the employees, the employer may file a representation
petition for an election and shall not be deemed guilty of refusal to bargain;



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



(6)  To violate the terms of a collective bargaining
agreement;



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



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



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



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



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



(12)  To offer or grant permanent employment to an
individual for performing work as a replacement for a bargaining unit member
during a labor dispute; or



(13)  Based on employment or willingness to be employed
during a labor dispute, to give employment preference to one person over
another who:



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



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



(C)  Continues to work for or has
unconditionally offered to return to work for the employer. [L 1945, c 250, pt
of §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's
determination that employer violated paragraph (3), where employer's conduct of
putting forward a threatening bargaining proposal did not effect any change in
the terms or conditions of the union members' employment, nor involve any
discharge or failure to hire union members, and as such, the conduct did not
"discriminate", as no employees were treated differently than any
others with respect to their employment conditions.  112 H. 489, 146 P.3d 1066.



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



  Trial court properly affirmed Hawaii labor relations board's
determination that employer's conduct had a reasonable tendency to intimidate
employees, in violation of paragraph (1), where employer's threatening letter
required that the union withdraw its unfair labor practice charge as a
condition of agreement, or involved layoffs without any benefits beyond those
already 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.