§379-2  Unlawful practices.  It shall beunlawful for any person:

(1)  To recruit, procure, supply, or refer any personfor employment in place of an employee involved in a labor dispute in which theperson recruiting, procuring, supplying, or referring is not directlyinterested.

(2)  When involved in a labor dispute, to employ inplace of an employee involved in such labor dispute any person who customarilyand repeatedly offers oneself for employment in the place of employees involvedin a labor dispute, or to knowingly employ any person in place of an employeeinvolved in a labor dispute who is recruited, procured, supplied, or referredfor employment by any person not directly involved in the labor dispute.

(3)  Who customarily and repeatedly offers oneself foremployment in place of employees involved in a labor dispute to take or offerto take the place in employment of employees involved in a labor dispute.

(4)  Involved in a labor dispute to contract orarrange with any other person to recruit, procure, supply, or refer persons foremployment in place of employees involved in the labor dispute. [L 1967, c 18,pt of §2; HRS §379-2; gen ch 1985]

 

Case Notes

 

  Plaintiff had standing to seek declaratory judgment that all[paragraphs] of this [section] were unconstitutional or preempted, where, interalia, plaintiff's interests were adversely impacted by the application ofparagraphs (1) and (3), since plaintiff could be prosecuted under Hawaii lawfor criminal conspiracy under these paragraphs.  82 F. Supp. 2d 1151, amended,103 F. Supp. 2d 1233.

  Section unenforceable as it applies to private employerscovered by National Labor Relations Act (NLRA) and private third partyemployment or recruitment agencies in their dealings with employers covered byNLRA.  82 F. Supp. 2d 1151, amended, 103 F. Supp. 2d 1233.