§381-3  Notice of impasse required; effectof collective bargaining agreements.  When an impasse is reached in anydispute between a public utility employer and its employees, either party tothe dispute claiming the existence of an impasse shall notify the director oflabor and industrial relations in writing of the existence of the impasse.  Thenotice shall contain a clear and concise statement of each issue on which animpasse has been reached, and a certificate as to the good faith of the noticeand the statements contained therein, which certification shall be made by therepresentatives actively engaged in the conduct of negotiations for the partyfiling the notice.  A copy of the notice shall be delivered to the other partyto the dispute simultaneously with delivery of notice to the director.

This section shall not apply in any case wherethere exists a collective bargaining agreement between a public utilityemployer and its employees, except where:

(1)  A dispute arises under the agreement concerningthe interpretation or application of the terms of the collective bargainingagreement, and the agreement contains no procedure for the settlement of thedispute; or

(2)  In accordance with the terms of the collectivebargaining agreement, the parties undertake negotiations for a new agreement oran amendment of the existing agreement pursuant to specific designation in theagreement of a certain time or period for such negotiations, and no agreementhas been reached at the expiration of the time or period, and the agreementdoes not prohibit strikes or lockouts following such negotiation and failure toarrive at agreement. [L 1949, c 146, pt of §1; RL 1955, §91-4; HRS §381-3]