The Honolulu Advertiser from Honolulu, Hawaii • 6

A-6 Wftowday, October 2, HONOLULU ADVERTISER $382.000 HawTel case DOWNTOWN ALA MOANA PEARLRIDGE Stril ke-pay trial opens The issue whether the State has jurisdiction to rder Hawaiian Telephone Co. to pay more than 000 in unemployment benefits to striking workers went to trial ia Federal Ourt here yesterday. Presiding Judge Martin Pence will determine Hawaii's Unemployment Compensation Act interfers with a national policy which guarantees free collective bargaining. HawTel attorney Jared H. Jossem told Pence he seeks a declaration which states that the availability of unemployment benefits to striking workers in Hawaii is invalid.

Jossem says Congress has not sanctioned that kind of I payments and, if Hawaii allows such payments, the State will be interfering with Federal labor laws con-- cerning unemployment benefits. HE ALSO charged yesterday that the State's unem- carpool llane 6 all right9 LADIES' LONG COYTON'MUUi Save on cool cottons in colorful Hawaiian prints. Stock up for Aloha Week. Sizes 3-16, 6-18. ployment compensation program wrongfully requires employers who are engaged in interstate commerce (such as HawTel) to finance assistance to strikers who are on strike against them.

The State's attorney in the case, Roy M. Miyamoto, said Congress has left the matter of strike benefits up to each State to decide. This privilege, Miyamoto said, should not be averted. Edward H. Nakamura, an attorney for the International Brotherhood of Electrical Workers, Local 1357, one of the groups allowed to intervene in the case with the State, agreed with Miyamoto.

NAKAMURA said Congress has "unmistakably" ordained to the nation's states the policy of whether to award benefits to strikers when there has been no work stoppage by the employer. He said there has been "no palpable infringement on Federal policy in this case." Work stoppage refers to substantial curtailment of business activity by the employer during the strike. If there is none, employes may be entitled to benefits. NAKAMURA also disagreed with Jossem's contention that the availability of unemployment compensation gives considerable advantage to labor's exercise of the power to strike. Jossem had said these benefits were a factor which employers take into account while negotiating.

Nakamura said the "notion of unfettered collective bargaining is a myth." He said the possibility of striking employes receiving benefits has only an "incidental effect" on the collective bargaining process. The event which brought the issue to court was a 38-day strike last' spring of 3,000 hourly HawTel employes after a collective bargaining agreement between Local 1357 and HawTel expired. HAWTEL FILED suit against the director of the State Department of Labor and Industrial Relations, Robert K. Hasegawa, and Thomas S. Brown, senior examiner of the Oahu unemployment compensation division.

In the State's hands are 3.000 claims for unemployment compensation from HawTel strikers. HawTel sought and received from Pence in July a preliminary injunction to stop the State from processing the claims and examining whether HawTel had a work stoppage. The purpose of the suit is to get a permanent injunction. The case will resume at 8:30 a.m. today.

GROUP I 8' Reg. to 22.99 GROUP II Reg. 24.99-34.99 Use of the State's new Moanalua Freeway car-pool lane "was all right for the first morning," State transportation director E. Alvey Wright said yesterday. The lane, for cars with four or more people, runs Honolulu-bound between the Halawa interchange and Puuloa Road from 6 to 8 a.m.

WRIGHT SAID that no safety problems and little cheating occurred, although City officials had asked a delay in the lane's opening for fear of 12M.QQ covered certain technical problems which will be ironed out today. "At the entrance, we found several carpools were in the freeway's right-hand lane unable to get over to the left-lane entrance," he said. "Car-poolers should be in the left-hand lane approaching Halawa interchange." WRIGHT ALSO said the policeman stationed to wave cars into the lane will permit autos with only three people to enter if he finds the lane lightly used. Wright praised motorist observance of the carpool rule yesterday accidents in the area still under construction. I 2zf iA jiiii eiiii I Wright did say he dis I A OsSs-3l fC ALOHA SHIRTS fW A Y-fei JV.

HAWAIIAN PRINT c3 rtXiri pantsuits fnX Z. CSSS 8 M-IXL Sport tailor looks in jAU. ABOAMM Saus JfI EI A toff Aiitf I PULLOVERS firfa 1 if I II T'Z'i i Save on a wide selec- III A I I reersj' ob- M'Shv llffflM ffyfli HH '7-V I SSS: sxlp MmMtm, longmuus PORTRAIT "fll 9'W" Vml Vi i -i- Excise Tax t4 hSfflk 1 MmSt Children: 1 Week to 12 Years One Portrait Per Subject Two Portraits Per Family Group Rates Available Adult Color Portraits SrSSiu KflflJAftft i ALOHA PEARLRIDGE KANEOHE I tlillll3 I Fh 295 Plui Hawaii Onral Excise Tax E.rh Individual Couples, grandparents, parents, family groups are welcome. Groups at 99e per additional subject. NOW I.

PROGRESS THRU SATURDAY, OCTOBER 5 DULY-12 00. to 8 P.M. SATURDAY 10 A.M. to 5 P.M. A.M.

to 3:30 P.M. Monday. Orlobrr 7 Thru Sunday, Ortobrr 13 Daily 12 Noon to 8 P.M. Saturday 10 A.M. to 5 P.M.

Sunday Monday. Octohrr 14 VW VJX )M WW LX 3 1 1 T.Urr'l7'y' I A'dw1v (Ul Tremendous value on a io am. toi p.m. 1 7 IOy fj' rjl ''9e S'eCt'0n co'oru' HAWAII KAI I WQr Re9'5-" 11:30 A.M. to 3:30 P.M.

Friday, Ortobrr 18, Saturday, Ortobrr 19 10 A.M. to P.M. Sears Mdkai Lanai Near Scout Shop ALA MOANA CENTER SEAS, HOEBUCK A WD.