§380-14  Proceedings arising underemployment relations act; court jurisdiction over.  (a)  When grantingappropriate temporary relief or a restraining order, or making and entering adecree enforcing, modifying, and enforcing as so modified, or setting aside inwhole or in part an order of the Hawaii labor relations board, as provided inthis section, the jurisdiction of courts sitting in equity shall not be limitedby this chapter.

(b)  The board shall have power, upon thefiling of a complaint as provided in section 377-9 to petition any circuitcourt of the State within any circuit wherein the unfair labor practice inquestion is alleged to have occurred or wherein the person resides or transactsbusiness, for appropriate temporary relief or restraining order.  Upon thefiling of any such petition the court shall cause notice thereof to be servedupon the person, and thereupon shall have jurisdiction to grant to the boardsuch temporary relief or restraining order as it deems just and proper.

(c)  Whenever it is charged that any person hasengaged in an unfair labor practice within the meaning of section 377-7(5),(6), (7), (8), and (9), the preliminary investigation of such charge shall bemade forthwith and given priority over all other cases except cases of likecharacter in the office where it is filed or to which it is referred.  If,after the investigation, the board has reasonable cause to believe the chargeis true, it shall petition any circuit court of the State within any circuitwhere the unfair labor practice in question has occurred, is alleged to haveoccurred, or wherein the person resides or transacts business, for appropriateinjunctive relief pending the final adjudication of the board with respect tosuch matter.  Upon the filing of any such petition the circuit court shall havejurisdiction to grant such injunctive relief or temporary restraining order asit deems just and proper, notwithstanding any other provision of law or rule ofcourt; provided further that no temporary restraining order shall be issuedwithout notice unless a petition alleges that substantial and irreparableinjury to the charging party will be unavoidable and the temporary restrainingorder shall be effective for no longer than five days and will become void at theexpiration of such period; provided further that the board shall not apply forany restraining order under section 377-7(5), (6), (7), (8), and (9) if acharge against the employer under section 377-6(2) has been filed and after thepreliminary investigation, it has reasonable cause to believe that the chargeis true and that a complaint should issue.  Upon filing of any such petitionthe courts shall cause notice thereof to be served upon any person involved inthe charge and the person, including the charging party, shall be given anopportunity to appear by counsel and present any relevant testimony; providedfurther that for the purposes of this subsection circuit courts shall be deemedto have jurisdiction of a labor organization (1) in the circuit in which theorganization maintains its principal office, or (2) in any circuit in which itsduly authorized officers or agents are engaged in promoting or protecting theinterests of employee members.  The service of legal process upon such officeror agent shall constitute service upon the labor organization and make theorganization a party to the suit. [L 1963, c 200, §14; Supp, §90B-14; HRS§380-14; am L 1973, c 31, §9; am L 1985, c 251, §26]

 

Rules of Court

 

  Injunctions, see HRCP rule 65.