Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 380
Hawaii Revised Statutes

Haw. Rev. Stat. § 380-8 (2026)

  Complainant; compliance with legal obligation; effort to settle

✓ current as of July 2026
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     §380-8  Complainant; compliance with legal obligation; effort to settle.  No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, or who has failed to make every reasonable effort to settle the dispute either by negotiation or with the aid of any available governmental machinery of mediation or voluntary arbitration. [L 1963, c 200, §8; Supp, §90B-8; HRS §380-8]

 

Cross References

 

  Conciliator, see §377-3.

  Mediation, see §371-10.

 

Notes of Decisions
Cited in 3 cases, 1973–2018 · leading case: Arbitration Between United Pub. Workers, AFSCME, Local 646 v. Cnty. of Hawai'i-Holiday Pay, 264 P.3d 655 (Haw. App. 2011).
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Arbitration Between United Pub. Workers, AFSCME, Local 646 v. Cnty. of Hawai'i-Holiday Pay, 264 P.3d 655 (Haw. App. 2011). · cites it 4× “rt lacks jurisdiction to stay enforcement of an arbitral award; (2) under HRS § 380-4(3) (1993), a court lacks jurisdiction to withhold monetary payments to persons involved in a labor dispute; (3) before a court has jurisdiction to issue an injunctive order under HRS Chapter…”
Hawaii Pub. Emp. Relations Bd. v. Hawaii State Teachers Ass'n, 511 P.2d 1080 (Haw. 1973). · cites it 3× “Second, in light of HRS § 380-8 appellant claims that appellee should have declared an impasse and invoked the mediation and fact-finding procedures under HRS § 89-11 (b) .”
Haw. Health Sys. Corp. v. United Pub. Workers, 415 P.3d 937 (Haw. App. 2018). · cites it 2× “UPW also argues that the Circuit Court did not comply with HRS §§ 380-8 or 380-2. However, having held that the Circuit Court did not comply with HRS § 380-7, we need not reach these arguments.”
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