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HAWAIIAN TEL. CO. v. STATE OF HAWAII, ETC.

Nos. 76-1584, 76-2056.

614 F.2d 1197 (1980)

HAWAIIAN TELEPHONE CO., etc., Plaintiff-Appellee, and Hawaii Employers Council et al., Plaintiffs-Intervenors, v. STATE OF HAWAII DEPT. OF LABOR & INDUSTRIAL RELATIONS et al., Defendants, International Brotherhood of Electrical Workers, AFL-CIO, Local 1357, etc. et al., Defendants-Intervenors and Appellants. HAWAIIAN TELEPHONE CO., etc., Plaintiff-Appellee, and Hawaii Employers Council et al., Plaintiff-Intervenors, v. STATE OF HAWAII DEPT. OF LABOR & INDUSTRIAL RELATIONS et al., Defendants-Appellants, and International Brotherhood of Electrical Workers, AFL-CIO, Local 1357, etc. et al., Intervenors-Defendants.

United States Court of Appeals, Ninth Circuit.

Decided March 10, 1980.

Attorney(s) appearing for the Case

Jared H. Jossem, Honolulu, Hawaii, for Hawaiian Tel. Co.; Jared H. Jossem and Raymond Torkildson, on brief.

Laurence M. Cohen and Jeffrey S. Goldman, Chicago, Ill., on brief, for Hawaii Employers Council.

Frank K. L. Yap., Jr., Honolulu, Hawaii, for State of Hawaii Dept. of Labor; Wayne Minami, Atty. Gen., on brief.

Marsha S. Berzon, San Francisco, Cal., for International Brotherhood of Electrical Workers; Edward H. Nakamura, Honolulu, Hawaii, J. Albert Woll and Laurence Gold, Washington, D.C., on brief.

Before WRIGHT and GOODWIN, Circuit Judges, and MURRAY, District Judge.

PER CURIAM:

The Hawaii Department of Labor appeals a judgment which struck down, on federal preemption grounds, a state statute1 compelling employers under certain conditions to finance strikes against themselves. The Hawaii law permits strikers to collect unemployment compensation if their strike does not substantially curtail2 the productive operations of their...

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