§382-4  Employees under governmentoperation.  In operating the plant and facilities of each company thegovernor, so far as possible and to the extent employees are needed, shallemploy the personnel employed by the company upon the seizure and taking ofpossession thereof or immediately prior to the disruption of service by thecompany, including employees on strike or locked out, if the disruption is dueto a strike or lockout.  Persons so employed by the governor or otherwiseemployed by the governor shall not by reason of such employment be or becomeentitled to civil service, retirement, vacation, or other benefits provided bylaw for other employees of the State, nor shall they be required to possess thequalifications of other government employees, and no person shall be ineligiblefor employment by reason of the fact that the person is not a citizen of theUnited States or a resident of the State; provided that if it is necessary toemploy persons who were not theretofore employed by the company, those personsshall possess the residence qualifications prescribed by section 78-1.

The salaries and wage rates of the personsemployed by the State shall be the same as those which existed in the industryimmediately prior to the disruption of service occasioning the emergency. There shall be no deductions from such salaries and wages except as authorizedby law in the case of other state employees.  The hours of employment shall bethe same as existed in the industry immediately prior to the disruption ofservice and insofar as possible the other conditions of employment shall be thesame as then existed, and neither the governor nor the designated agency shallhave authority to enter into negotiations with any such company or with anylabor organization for a collective bargaining contract with respect to wages,hours, and other terms and conditions of employment in the industry.  Allservices performed in the employ of the State in government operations underthis chapter shall constitute employment for the purposes of chapters 383 and386 and to the extent of the services the State shall be deemed an employerwithin the meaning of such chapters and shall make the contributions requiredof a new employer as prescribed by chapter 383. [L 1951, c 209, pt of §4; RL1955, §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  Sections 85-31 to 85-48 referred to in text are repealed.