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HAWAIIAN TEL. CO. v. STATE OF HAWAII DEPT. OF L. & I. REL.

Civ. No. 74-140.

405 F.Supp. 275 (1976)

HAWAIIAN TELEPHONE COMPANY, a Hawaii Corporation, Plaintiff, and Hawaii Employers Council, Chamber of Commerce of the United States, and Chamber of Commerce of Hawaii, Intervenor-Plaintiffs, v. STATE OF HAWAII DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS et al., Defendants, and International Brotherhood of Electrical Workers, AFL-CIO Local 1357, et al., Intervenor-Defendants.

United States District Court, D. Hawaii.

Declaratory Judgment and Order November 17, 1975.

As Amended February 9, 1976.

Attorney(s) appearing for the Case

Jared H. Jossem, R. M. Torkildson, Torkildson, Katz & Conahan, Honolulu, Hawaii, for plaintiff and intervenor-plaintiff Hawaii Employers Council; Lawrence M. Cohen, Lederer, Fox & Grove, Chicago, Ill., for intervenor-plaintiff Hawaii Employers Council.

Edward Jaffe, Cades Schutte Fleming & Wright, Honolulu, Hawaii, and Gerard C. Smetana, Borovsky, Smetana, Ehrlich & Kronenberg, Washington, D.C., for intervenor-plaintiffs Chamber of Commerce of the U. S. and Chamber of Commerce of Hawaii.

Ronald Y. Amemiya, Atty. Gen., of Hawaii, Frank Yap, Jr., Deputy Atty. Gen., Honolulu, Hawaii, for defendants.

Edward H. Nakamura, James A. King, Bouslog & Symonds, Honolulu, Hawaii, for intervenor-defendant IBEW, Local 1357.

Benjamin C. Sigal, Shim, Sigal & Tam, Honolulu, Hawaii, for intervenor-defendant IBEW, Local 1260, and Hawaii State Federation of Labor.

DECISION

PENCE, District Judge.

Plaintiff Hawaiian Telephone Company (TELCO) alleges that the potential payment of unemployment compensation to TELCO strikers by the State of Hawaii Department of Labor and Industrial Relations (DLIR) impermissibly infringes upon and interferes with TELCO's rights to engage in free collective bargaining, a field of activity preempted by Congressional regulation. This court granted a preliminary injunction against the DLIR...

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