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October 21, 2009 - Truth Commission reviews troubling conditions at Pacific Beach Hotel |
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Wednesday, 21 October 2009 22:49 |
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HARD LABOR: SCARED WORKERS, EXHAUSTED EMPLOYEES, AND DECLINING STANDARDS AT A HAWAI‘I HOTEL
Report of the Commission to Investigate Labor and Management Practices at the Pacific Beach Hotel Rev. Sam Cox, United Methodist Church, Chair; Rev. John Heidel, Interfaith Alliance Hawai‘i; Dr. Raymund Liongson, Leeward Community College; Prof. Robert Perkinson, University of Hawai‘i at Manoa; and Prof. Mari Yoshihara, University of Hawai‘i at Manoa
October 2009
The Commission to Investigate Labor and Management Practices at the Pacific Beach Hotel is an independent, non-partisan commission composed of religious, community and academic leaders.
EXECUTIVE SUMMARY - See full report here.
The Pacific Beach Hotel, on Waikiki Beach in Honolulu, has been a site of labor conflict for much of the past decade. In recent years, the hotel has attracted regular protests, demonstrations and picket lines, and has become the focus of an international boycott, with the hotel’s labor practices targeted for protests in the U.S., Canada, Japan and the Philippines.
Hotel management has maintained that the protests are politically motivated and baseless and that their employees are happy and well-treated. Many in the local community have heard both sides of this dispute and wondered: What is the Truth? The task of our Commission is to answer to that question.
The Commission to Investigate Labor and Management Practices at the Pacific Beach Hotel is an independent, nonpartisan commission composed of religious, community and academic leaders. We have no financial relationship to the hotel, the employees’ union, or any interested party. During the past year, we conducted an investigation into conditions at the Pacific Beach Hotel. We solicited testimony from all hotel employees, as well the employees’ union (ILWU Local 142) and the hotel’s management. We conducted interviews with or received statements from thirty-eight employees—both pro- and anti-union, from every major department in the hotel, and with an average of 15 years’ experience working in the hotel. Our interviews were conducted under conditions of strict confidentiality so that employees would be free to talk without fear of reprisal.
What we found disturbed all of us. For a state that relies, above all, on the ability of working- and middle-class families to support themselves in the tourism industry, the developments at Pacific Beach Hotel are very troubling. We offer our findings in the hope that they will spur our community as a whole to forge a quick and just solution to this crisis.
A CLIMATE OF FEAR
An incredible 88 percent of all workers testifying to the Commission described intimidation, fear, threats, surveillance, or reprisals taken against union supporters—a pattern of intimidation going back to employees’ first attempts to organize a union in 2002, and continuing to the present day. Indeed, many of those interviewed insisted that their identity be kept secret—for fear that they would be fired if hotel managers knew they provided testimony to this Commission. “Nakaam-amak ti agsarsarita” (it is scary to be talking), explained one employee.
Many employees reported that they would like to participate in union rallies and other activities, but do not do so out of fear that their jobs would be at risk. This fear has been greatly heightened since December 1, 2007, when 32 workers were terminated—including most of the employees’ elected negotiating committee. “I am a supporter of the union and the workers in the fight for better pay and working conditions,” explained one long-time employee. “But we are afraid of what can happen to us—like those who lost their jobs because they were active in the union. So I stopped joining the rallies.”
Even inside the hotel, many employees stated that they and their coworkers are afraid to speak openly. At the Pacific Beach, one explained, “if you complain, you’re out.” Numerous employees testified that, in the summer of 2008, they were told to sign an anti-union petition “if you want to keep your job.” More than one employee reported that they were asked to sign blank sheets of paper—and did so, too scared to refuse any management demand. Simply put, it is hard to believe that, in a democratic country, our fellow citizens toil under such conditions.
DISCRIMINATION ON THE JOB
It appears that workers’ fears are well-founded. Nearly 80 percent of those testifying reported widescale discrimination, with employees known or suspected of supporting the union having their hours cut, being given worse assignments, or being punished for infractions that are otherwise ignored. Those who refused to sign the anti-union petition report having their work schedule cut, with hours given to newer employees with less seniority but with political views more to management’s liking.
A PUNISHING WORK SCHEDULE
Since cutting off negotiations with the employees’ union, Pacific Beach Hotel has significantly increased work schedules—particularly for housekeepers, who now are required to clean 17-18 rooms per day, well above the quota at nearby hotels. Housekeepers almost unanimously report that it is simply impossible to clean this number of rooms in an eight-hour shift. Although employees are entitled to a daily 30-minute lunch break, it is common for housekeepers to skip their breaks in an effort to make their room quota. With rooms often spread across several floors, and cart supplies often some distance away from the rooms, employees race through the hotel to finish their work. Indeed, one employee reported that her co-workers even avoided bathroom breaks, calculating that they couldn’t afford to urinate if they wanted to finish on time. At least one housekeeper also reported staying after the end of her shift and working for free—after clocking out—in order to complete her assignment. “They treat us like we are just a machine,” said one employee, “like we don’t have any feeling at all.” Yet even machines break down: one housekeeper was taken away from the hotel in an ambulance after collapsing in the middle of her shift.
LOW PAY OR NO PAY?
Pacific Beach Hotel employees started organizing a union because, according to multiple witnesses, they went 10 years without a raise. They received a raise after their union was recognized, but their compensation remains well behind their counterparts at other hotels. Furthermore, witnesses offered accounts of potentially illegal withholding of wages due. In two different departments, employees report that they are expected to finish their jobs even if this means working without pay after their shift is done. In one department, it is policy to never pay overtime, with the result that on particularly busy days workers have to finish their tasks without pay. Such practices are extremely troubling; but they’re not necessarily surprising. The ever-present fear that lays over this hotel is the hand that keeps workers silent; and the engine that motivates them to do whatever is asked of them—legal or not—to keep their jobs. “We are really hard up,” explains one employee, “but we need a job, so we just have to sacrifice.”
UNDERMINING THE QUALITY OF SERVICE
The problems of low wages, short-staffing and demoralization described by employees have inevitably spilled over to impact the quality of guest service. Although the company has recently undertaken limited renovations, its lack of investment in employees seems to be mirrored in its treatment of the property’s physical structure. We obtained a review of guest comments, posted on the internet by visitors to the Pacific Beach Hotel over the years 2004-09. Over half of the nearly 200 comments contained complaints about the hotel. Furthermore, the guests often identified precisely the same problems raised by employees. Employees complain about not having enough time to thoroughly clean the rooms; about shortstaffing in the kitchen, maintenance and other departments; and about worn out air conditioners, bathroom fixtures, and kitchen equipment. Guests complain about these exact same issues.
“I’ve stayed at the Pacific Beach Hotel in the past,” commented one 2008 visitor, “but each year the quality and cleanliness of the room seems to deteriorate. This year it appears to have hit rock bottom and I will not be returning… The room itself was filthy. There was rust all over the shower curtain hangers and bathroom mirrors were old and chipped. The extra pillows which were stored in the closet had a distinct mildew smell to them. This was because they were stored up against a wall which was experiencing moisture bubbles from what appeared to be sourced from the bathroom in the adjoining room. While the staff . . . were all very pleasant . . . this will be the last time I stay at Pacific Beach.”
The employees of Pacific Beach Hotel cannot afford for their property to be run in a manner that drives away guests. And all of us who depend on the tourism industry as the engine of our economy cannot afford for any property to degrade the longterm image of Hawai‘i as a tourist destination.
CONCLUSION
The struggle at Pacific Beach Hotel has been going on for seven years. Yet the overwhelming majority of the workers we interviewed remain committed to winning a fair union contract. “Despite the exhaustion from the long fight,” one longtime employee stated, “the workers still want the union to fight for fair treatment.” Moreover, said another, “If . . . employees can stick together, better working conditions and better pay will come. This will also be good for the owners.”
In the course of our investigation, we were struck by how these employees—despite everything they’ve been through, and despite their anger at mistreatment—remain committed to helping make the Pacific Beach Hotel a top-quality, successful and prosperous business. One might think that these employees would feel only bitterness and have no dedication to their workplace. The opposite is true. We found those interviewed to be warm and positive employees. They appear to be loyal, faithful workers who really want the best for their hotel and the industry. They believe that a fair contract would benefit management, employees, the general public and the state of Hawai‘i as a whole. Over the course of our investigation, we have come to believe the same.
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October 9, 2009 - NLRB slams Pacific Beach Hotel with 15 violations of law |
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Friday, 09 October 2009 19:40 |
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Judge James Kennedy, NLRB Administrative Law Judge, issued his findings and order against Pacific Beach Hotel owners HTH Corporation on Sept. 30, 2009. He upheld 15 of the union's 16 unfair labor practice charges against the hotel. On October 26, Hotel management appealed the NLRB decision and continues to refuse to recognize the ILWU or change it's anti-union behavior. The BOYCOTT of the hotel remains in place as of November 25, 2009. The complete decision can be found here. Following is the text of the notice the hotel must post. In addition, management must call meetings of all bargaining unit employees, read the notice, and an NLRB agent would be present to answer questions. Notice to Employees Posted By Order of the National Labor Relations Board An Agency of the United States Government
The National Labor Relations Board has found that we violated Federal labor law and has ordered us to post and obey this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO - Form, join or assist a union
- Choose representatives to bargain with us on your behalf
- Act together with other employees for your benefit and protection
- Choose not to engage in any of these protected activities.
WE WILL NOT coercively poll you concerning your support for International Longshore and arehouse Union, Local 142 or any other labor union and WE WILL NOT interrogate you about our union activities, sympathies and desires.
WE WILL NOT impose overbroad policies which interfere with your employee rights under §7 such as confidentiality and conflict of interest rules which would interfere with your legitimate union activity.
WE WILL NOT discharge any of our employees because of their activities protected by the National Labor Relations Act, including activities on behalf of Longshore and Warehouse Union, Local 142 or any other union.
WE WILL NOT collectively bargain without any intention of reaching an agreement with Longshore and Warehouse Union, Local 142.
WE WILL NOT withdraw recognition of Longshore and Warehouse Union, Local 142 as your exclusive bargaining representative in the certified bargaining unit nor refuse to recognize and bargain with that labor organization.
WE WILL NOT unilaterally change the terms and conditions of employment of our bargaining unit employees without first bargaining with Longshore and Warehouse Union, Local 142, including discharging employees or imposing changes in employee behavior rules.
WE WILL NOT fail and refuse to furnish Longshore and Warehouse Union, Local 142 with information it requested which is necessary and relevant information to collective bargaining and for its ability to properly represent you.
WE WILL NOT threaten any of you with loss of your job or some other unspecified punishment because you have chosen to engage in Union activity.
WE WILL NOT in any other manner interfere with, restrain, or coerce any of you if you exercise your rights guaranteed you by law as listed above. WE WILL immediately resume recognition of Longshore and Warehouse Union, Local 142 as the exclusive representative of the employees in the certified bargaining unit and, upon the Union’s request, bargain in good faith in that bargaining unit as if the initial year of certification had been extended for an additional 1 year from the commencement of bargaining pursuant to the Board's Order in this case and, if an understanding is reached, WE WILL embody it in a written, signed agreement.
WE WILL, on the Union’s request, rescind all of the unilateral changes, whether found in the employee handbook or some other location, and restore the previously existing wages and other terms and conditions of employment as they existed prior to December 1, 2007, and WE WILL make unit employees and former unit employees whole for any losses suffered as a result of those unilateral changes. However, the Union has the option of determining which of these shall be rescinded.
WE WILL furnish the information requested by the Union in April, May, September, and October 2007 and in April 2008.
WE WILL, within 14 days from the date of this Order, offer Keith Kapena Kanaiaupuni, Darryl Miyashiro, Todd Hatanaka, Rhandy Villanueva, Virginia Recaido, Ruben Bumanglag and Virbina Revamonte full reinstatement to their former jobs or, if those jobs no longer exist, to substantially equivalent positions displacing, if necessary, any more junior employees, without prejudice to their seniority or any other rights or privileges previously enjoyed and WE WILL make them whole for any loss of earnings and other benefits suffered as a result of the discrimination against them.
WE WILL, within 14 days from the date of this Order, remove from our files any reference to the unlawful discharges of Keith Kapena Kanaiaupuni, Darryl Miyashiro, Todd Hatanaka, Rhandy Villanueva, Virginia Recaido, Ruben Bumanglag and Virbina Revamonte, and within 3 days thereafter notify each of them in writing that this has been done and that the discharges will not be used against them in any way.
WE WILL preserve and, within 14 days of a request, or such additional time as the Regional Director may allow for good cause shown, provide at a reasonable place designated by the Board or its agents, all payroll records, social security payment records, timecards, personnel records and reports, and all other records, including an electronic copy of such records if stored in electronic form, necessary to analyze the amount of backpay due under the terms of this Order.
WE WILL pay to Longshore and Warehouse Union, Local 142 the costs and expenses incurred by it in the preparation and conduct of collective-bargaining negotiations subsequent to January 5, 2005, such costs and expenses to be determined at the compliance stage of this proceeding. WE WILL also make whole employee negotiatiors for any earnings lost while attending bargaining sessions. WE WILL, within 60 consecutive days of the date of the Board’s Order, convene the bargaining unit employees during working time at the Respondent’s facility, by shifts, and a responsible management official, in the presence of a Board Agent, will read this notice to you. Afterwards, you will be permitted to ask the Board Agent to explain what has happened.
HTH CORPORATION, PACIFIC BEACH CORPORATION and KOA MANAGEMENT, LLC, a SINGLE EMPLOYER, d/b/a PACIFIC BEACH HOTEL |
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August 20, 2009 - Labor Groups Target Sun Life Financial in Toronto, Canada and in Manila, Philippines. |
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Thursday, 20 August 2009 00:00 |
Protestors picketed the company's headquarters and distributed leaflets calling on the company to protect the conditions of Filipino workers employed at a hotel that Sun Life holds the mortgage on.
“If Sun Life wants to do business in the Philippines,” noted Democrito Mendoza, president of the Trade Union Congress of the Philippines, “the very least we can expect in return is that it will guarantee fair treatment for Filipino workers in the properties it controls.”
Sun Life is the primary investor in the Pacific Beach Hotel in Honolulu, Hawaii. Pacific Beach Hotel has been charged by the U.S. government with 15 counts of violating federal labor law, including intimidating, coercing and firing employees for union activism. In December 2007, Pacific Beach Hotel refused to negotiate with the workers' legally elected union, and terminated 32 employees, including most of the elected union leaders. In response, a boycott of the hotel was called by the Hawaii labor federation, and then by the national labor federations of both the USA (AFL-CIO) and Japan (RENGO).
This past May, the Canadian Labour Congress and the Ontario Federation of Labour sent pickets to Sun Life's annual shareholder meeting in Toronto, calling on the company to guarantee fair treatment for workers in this property.
The Trade Union Congress of the Philippines (TUCP) recently joined with the Federation of Free Workers (FFW) and the Alliance of Independent Hotel and Restaurant Workers Unions (AIHRWU) in calling for Filipinos to support this boycott. The three unions together represent close to one million workers in the Philippines.
The majority of employees at the Pacific Beach Hotel are Filipino, and they appealed for support from their home country. “The workers at Pacific Beach Hotel work so hard,” explained Virgie Recaido, one of the sacked Pacific Beach Hotel workers. “We cook the food, we make the beds, we clean the rooms, we do everything to make the hotel a success - just so we can make a better life for our kids. But the management treats us with no respect and no dignity.”
The union representing these hotel workers - International Longshore and Warehouse Union, Local 142 - has asked Sun Life to use its relationship with Pacific Beach Hotel to guarantee fair treatment for the workers. To date, Sun Life has refused to get involved.
“These hard-working people deserve to be treated with respect, and they deserve a fair contract,” stated Ontario Labour Federation president Wayne Samuelson. “It's an embarrassment for a leading Canadian company to be developing a worldwide reputation because it won't support these most basic principles. We here in Toronto - like unionists around the world - call on Sun Life to do the right thing.” in Protest
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April 29, 2009 - First Day of Golden Week |
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Wednesday, 29 April 2009 00:00 |
Join us for Justice at the Beach during Golden Week!Justice at the Beach will leaflet and picket the Pacific Beach Hotel in Waikiki during Golden Week from April 29, 2009 to May 6, 2009. If you can join the action, call Oahu Division at 949-4161 for more information on the dates and times when people are needed. 

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April 9, 2009 - Join us for Golden Week picketing |
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Thursday, 09 April 2009 21:53 |
Join us for picketing during Golden Week!Justice at the Beach will be picketing the Pacific Beach Hotel in Waikiki during Golden Week from April 29, 2009 to May 6, 2009. If you can join the picketing, call Oahu Division at 949-4161 for more information on the dates and times when people are needed. The NLRB Admiinistrative Law Judge concluded the hearings on unfair labor charges against HTH Corporation, the owners of the hotel, in February 2009, but has extended the deadline for the submission of legal briefs to May 3, 2009. |
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