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



(1)  To recruit, procure, supply, or refer any person
for employment in place of an employee involved in a labor dispute in which the
person recruiting, procuring, supplying, or referring is not directly
interested.



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



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



(4)  Involved in a labor dispute to contract or
arrange with any other person to recruit, procure, supply, or refer persons for
employment 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, inter
alia, plaintiff's interests were adversely impacted by the application of
paragraphs (1) and (3), since plaintiff could be prosecuted under Hawaii law
for criminal conspiracy under these paragraphs.  82 F. Supp. 2d 1151, amended,
103 F. Supp. 2d 1233.



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