§382-4  Employees under government
operation.  In operating the plant and facilities of each company the
governor, so far as possible and to the extent employees are needed, shall
employ the personnel employed by the company upon the seizure and taking of
possession thereof or immediately prior to the disruption of service by the
company, including employees on strike or locked out, if the disruption is due
to a strike or lockout.  Persons so employed by the governor or otherwise
employed by the governor shall not by reason of such employment be or become
entitled to civil service, retirement, vacation, or other benefits provided by
law for other employees of the State, nor shall they be required to possess the
qualifications of other government employees, and no person shall be ineligible
for employment by reason of the fact that the person is not a citizen of the
United States or a resident of the State; provided that if it is necessary to
employ persons who were not theretofore employed by the company, those persons
shall possess the residence qualifications prescribed by section 78-1.



The salaries and wage rates of the persons
employed by the State shall be the same as those which existed in the industry
immediately prior to the disruption of service occasioning the emergency. 
There shall be no deductions from such salaries and wages except as authorized
by law in the case of other state employees.  The hours of employment shall be
the same as existed in the industry immediately prior to the disruption of
service and insofar as possible the other conditions of employment shall be the
same as then existed, and neither the governor nor the designated agency shall
have authority to enter into negotiations with any such company or with any
labor organization for a collective bargaining contract with respect to wages,
hours, and other terms and conditions of employment in the industry.  All
services performed in the employ of the State in government operations under
this chapter shall constitute employment for the purposes of chapters 383 and
386 and to the extent of the services the State shall be deemed an employer
within the meaning of such chapters and shall make the contributions required
of a new employer as prescribed by chapter 383. [L 1951, c 209, pt of §4; RL
1955, §92-5; HRS §382-4; gen ch 1985; am L 2006, c 48, §6]



 



Note



 



  Sections 85-31 to 85-48 referred to in text are repealed.